WINDHOEK - Windhoek High Court judge, Dinnah Usiku, rejected an application by one of the five men accused of the murder of Walvis Bay businessman, Hans-Jorg Möller, during a daring robbery to be furnished with further particulars on one of the charges that he faces.
The key suspect, and the man accused of firing the shot that killed Möller, Gotlieb Panduleni, 31, asked the court to compel the State to provide him with particulars as to where specifically the deceased was killed or murdered, what time of the day it was, and with what the deceased was killed.
He further wanted to know how the killing was planned; and if it was by means of a meeting, where the meeting took place, and what time it started. He also wanted to know who convened the meeting, who was in attendance–and if any minutes were taken, who took the minutes, and what the agenda points were. The accused also wanted to know whether a copy of the minutes is available.
Furthermore, Panduleni wanted to know who the main perpetrator is, since the State alleges common purpose, and how the rest of the accused persons associate themselves with the main perpetrator.
Panduleni; David Tashiya, 30; David Shekundja, 36; Elly Ndapuka Hinaivali, 30; and Malakia Shiweda, 29, face 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 robbery with aggravating circumstances, and two counts of unlawful possession of a firearm and ammunition.
Judge Usiku said it is important to make reference to Section 84 of the Criminal Procedure Act, which provides that a charge must set forth the relevant offence(s) in such a manner, and with particulars such as the time and place at which the offence is alleged to have been committed.
In this case, she said, the summary of substantial facts clearly states that it was during June 2016 that a plan was hatched to break and enter into the residence of the deceased and the complainant (the wife) in count two in Walvis Bay. “That is reasonably sufficient to inform the accused of the nature of the charges he is facing,” Judge Usiku found. She further said it is common cause that Panduleni is jointly charged with his co-accused in respect of several counts, and the State alleged common purpose.
According to the judge, the summary of substantial facts clearly sets out the allegations against each and every accused, and they were furnished to them.
The judge further stressed that a charge needs not to set out the manner or instrument of an act, unless the manner, means, or instrument is an essential element of the offence charged.
In this case, the judge continued, the State alleges that the accused wielded a pistol and/or knives, and/or a tyre lever and/or a screwdriver, which, in her view, is sufficient. The judge concluded by saying that the application for further particulars clearly borders on delaying tactics at its best.
The trial was supposed to start on November 12 already, but it was delayed first when Panduleni’s Legal Aid lawyer withdrew, and the new lawyer, Titus Mbaeva, asked for time to peruse the docket. Finally, the judge postponed the matter to its next session, starting August 13 next year. Tashiya is represented by Mese Tjituri, Shekudja by Mpokiseng Dube, Hinaivali by Trevor Brockerhoff, and Shiweda by Titus Ipumbu–all on instructions of Legal Aid. The accused remain in custody at the Windhoek Correctional Services Facility for trial awaiting inmates.