WINDHOEK – Windhoek High Court Acting Judge Claudia Claasen late last week dismissed a bail application of one of the five men accused of breaking into the residence of Walvis Bay businessman Captain Hans-Jorg Möller and killing him when he came to the defence of his wife and children.
Malakia Shiweda, 31, asked the judge to release him on bail pending his trial that is supposed to start on August 13 as he suspects his fellow accused will poison him. Shiweda together with Elly Ndapuka Hinaivali, 32, Panduleni Gotlieb, 33, David Tashiya, 32 and David Shekudja is facing charges of murder, attempted murder, conspiracy to commit housebreaking with the intent to rob and robbery with aggravating circumstances, housebreaking with the intent to rob and unlawful possession of a firearm and ammunition.
According to the State, the accused during a daring robbery shot and killed Möller when he came to the defence of his wife and children during the early hours of June 17, 2016. Shiweda made a statement to the police in which he admitted that he was the driver of the getaway car, but denied any knowledge of the robbery or the murder. According to Judge Claasen, she is satisfied the State has shown on a balance of probabilities that the evidence intended for the trial will prove Shiweda’s involvement in the commission of the offences. “He was the driver of the vehicle wherein four out of the five accused persons travelled to Walvis Bay the preceding night. On his own account, he is the person that was contacted by accused 4 to drive the group out of Walvis Bay in the early morning hours of 17 June 2016,” the judge recounted.
She further said the alleged offences appear to have been a pre-planned and callous robbery and murder.
“The allegations are that the victim was brutally assaulted and tied up whilst watching her husband being shot,” the judge stated. She further said that the investigating officer testified that the State is in possession of evidence that the victim and another state witness received threats and that it was not disputed that members of the community in Walvis Bay have expressed their views against the granting of bail in this matter.
According to her, the witnesses and the public will not feel safe with an accused in the matter being given bail and thus it is not in the public interest to grant bail.
She said the offences are of a serious nature, the kind that will result in lengthy imprisonment upon conviction, which brings about a real possibility that the accused will abscond. She further said it will cause prejudice to the State if one of the accused persons absconds at this stage and it is thus not in the administration of justice to grant bail.
“In the premises on the totality of the evidence presented I am of the opinion that it will not be in the interest of the public or the administration of justice to release the applicant on bail,” Judge Claasen stressed.
Titus Ipumbu is representing Shiweda on instructions of legal aid and State Advocate Marthino Olivier is prosecuting.