Windhoek-A confession by one of the two men accused of brutally killing and raping a Swakopmund resident in September 2005 was admitted into evidence yesterday by Judge Nate Ndauendapo in the Windhoek High Court after a protracted trial within a trial.
Michael Tsowaseb, 42, disputed the confession he made to then Chief Inspector Otilie Kashuupulwa on February 11, 2006 wherein he admitted the gang-rape and murder of 34-year old Menesia Owoses at Swakopmund during the night of September 3 to 4, 2005.
Tsowaseb and Kingsley Dausab, 45, face charges of murder, rape, violating a dead body and theft.
According to the State, the two men first strangled the deceased whereafter they violated her body by cutting/stabbing her neck and private parts with a broken bottle, stone or other object and by inserting an object into her privates and by having sexual intercourse with her corpse.
The cause of death was given as manual strangulation.
Both men pleaded not guilty at the delayed start of their trial before Judge Ndauendapo.
They were supposed to go on trial in June 2011, but the trial has been delayed due to a number of reasons including the no-show of both accused which led to their bail being cancelled and being remanded in custody.
The State represented by Advocate Erich Moyo intended to submit into evidence the confession Tsowaseb made, but his legal aid lawyer, Mese Tjituri objected to the admissibility because as he claimed, the confession was the result of continuous assaults perpetrated on his client.
He further informed the court the confession was not made freely and voluntarily as he was unduly influenced by threats by many police officers and inmates to make the confession. He further submitted that Tsowaseb was not properly warned of his right to remain silent or his right to have a legal representative present during the interrogation process and when the confession was made.
According to Judge Ndauendapo, Detective Inspector Litota said he knew Tsowaseb prior to 2006 as he was a witness in a case he was investigating and when he went to fetch Tsowaseb on instructions of Inspector Xoagub, he explained his rights to him and again when they arrived at Xoagub’s office. Litota further testified that upon his rights being explained to him, Tsowaseb immediately wanted to reveal his involvement in the matter, but Xoagub stopped him and told him not to implicate himself. This, the judge said was corroborated by Xoagub.
As far as the taking down of the confession was concerned, the judge said that Kashuupulwa’s explanation of Tsowaseb’s rights was confirmed by Tsowaseb’s own admission. He further said that Kashuupulwa confirmed she explained his rights to him and he understood.
The judge also recounted that Tsowaseb admitted that Kashuupulwa explained his rights to him, but his claim that it was after he was brought from Walvis Bay Prison where he was allegedly assaulted by inmates is wrong.
“That version is clearly wrong because according to Kashuupulwa, the accused was only brought to her office when she recorded the confession and when she explained his rights to him,” the judge stated and added that Xoagub testified Tsowaseb was only taken to Walvis Bay Prison after he made the confession.
In the end, the judge said, he is satisfied the confession was made freely and voluntarily and the accused was in his sober mind and senses when he made it.
New Era Reporter
2018-02-07 09:27:53 | 1 years ago