An urgent High Court application, seeking orders to have a mother who is accused of murdering her two minor children and attempting to kill the third one in Ethiopia last year released from police custody, was withdrawn yesterday. 

The legal teams of Kristofina Amutenya and prosecutor general Martha Imalwa reached an agreement not to continue with the matter following Amutenya’s release from custody on Wednesday on the orders of the lower court.

The hearing was scheduled to take place yesterday before Judge Hosea Angula.

“The parties have agreed that the matter be withdrawn and that each party pay their own costs,” said Judge Angula before ordering for the case to be removed from the roll.

On Tuesday, Amutenya through her legal team, filed an urgent application seeking to be released from custody, citing her arrest and detention was unlawful.

In her affidavit she claimed that she has not been furnished with any documentation explaining why she was immediately arrested upon her arrival at Hosea Kutako International Airport on Monday and consequently detained at Klein Windhoek police station. 

There is also no explanation why she was required to make an appearance in the Windhoek Magistrate’s Court on Tuesday.

She is further claimed she has not been presented with any documents or notices explaining her deportation from Ethiopia.

However, on Wednesday the state asked the lower court to provisionally withdraw the case against Amutenya. Amutenya was subsequently released from police custody.

Amutenya who was married to a trade attaché was facing two counts of murder and a charge of attempted murder for allegedly killing her two children Jenay (9) and Jane (3) at their family home in Addis Ababa on 13 December 2020. 

She is further accused of attempting to murder a third child before she tried committing suicide.

Local lawyer Kadhila Amoomo was representing Amutenya, whilst Jurie Ludwig from government attorneys was representing the prosecutor general.

- mamakali@nepc.com.na