The trial in which three City Police officers stand accused of the murder of a 17-year-old suspect in their care is nearing its start in the Windhoek High Court.
The three officers – Werner Johannes Shitekela, 30, Kleopas Shiikalepo Kapalanga, 28, and Elia Nakale, 33 – made their fourth pre-trial appearance before court on Thursday after their case was referred to the High Court.
During the pre-trial hearing, Judge Nate Ndauendapo postponed the matter to June 18 for the State and the defence to resolve some issues.
Boris ‘The Mouth’ Isaacks who appears on behalf of Shitekela told the court he would address a letter to Deputy Prosecutor General Antonia Verhoef to smooth out the remaining differences, while Willem Visser who represents Kapalanga promised the same.
Kadhila Amoomo who will appear for Nakale wanted the office of the prosecutor general to provide him with an updated copy of the police inspector general’s directives on the taking into custody of suspects.
Judge Ndauendapo advised him to follow the direction of his co-counsels and also draft a letter to the PG’s office.
The accused face charges of murder, kidnapping and defeating or obstructing the course of justice.
According to the indictment they killed Mandela Ramakhuha, a 17-year-old boy, by assaulting him all over his head and body and handcuffing him and letting him fall down, or threw him on the ground causing him to die in the Katutura State Hospital on April 24, 2013 as a result of his injuries.
The charge of kidnapping states the accused deprived Ramakhuha of his liberty of movement and detained him unlawfully for approximately two to four hours before releasing him into the custody of members of the police at Windhoek Police Station.
The third charge states the accused unlawfully and with the intent to defeat or attempt to defeat or obstruct the course of justice reported to members of NamPol that the deceased must be detained and was drunk and pretending to be ill or unconscious.
They further failed to report to their seniors that they assaulted the deceased and prevented the deceased from obtaining medical treatment, the indictment reads, and they failed to inform his guardians where they were going to take the deceased.
According to the summary of substantial facts the accused were all members of the Windhoek City Police who were on standby duty and acted with a common purpose when they collected the deceased from a drinking place on the evening of Tuesday April 16.
They suspected the deceased of having participated in a crime of theft of cellphone(s) and computer(s) from the City of Windhoek head offices, the indictment states.
“The accused loaded the deceased into a pick-up motor vehicle and handcuffed him. Whilst driving around with the deceased in the absence and without the consent of his parents or lawful guardian, the accused interrogated the 17-year-old deceased regarding the theft case and the whereabouts of the stolen goods and an alleged accomplice to this theft,” according to the indictment.
It further states while Ramakhuha was in their custody, the accused assaulted him with blunt force and he was driven to various places in Windhoek.
After driving around for approximately two to four hours the accused dropped the unconscious deceased off at the Windhoek Police Station with instructions to the police to detain him on a charge of theft.
The police officers on duty however took the unconscious boy to Katutura hospital where he died due to soft tissue trauma caused by the assaults, it is alleged.