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Court refuses to withdraw murder case

2020-02-11  Maria Amakali

Court refuses to withdraw murder case

The Katutura Magistrate’s Court yesterday refused to provisionally withdraw a case against a woman who stands accused of killing her neighbour over alcohol in 2018. 

The accused, Holtensia Kamati (32) made a routine appearance before magistrate Namwenyo Shikalepo where she was informed that the prosecutor general has not yet pronounced herself in her case.
“Some of the prosecutor general’s instructions have not yet been complied with. There are eight witness statements, post-mortem and photo plan that need to be obtained,” explained State prosecutor Latoya Mukumbu.

According to the State, the police are having difficulties obtaining witness statements from the witnesses but they are however confident that should the court grant them time, they will be able to get the statements.
However, Kamati’s defence lawyer Denzyl Awaseb strongly opposed the notion and requested an order by the court to provisionally withdraw the matter against Kamati. 

“It has been a year but investigations have not yet been completed and the matter has been postponed several times. My client is based in the north and she has to travel every time just for postponements,” said Awaseb.

Awaseb further said that Kamati can be summoned once the State has completed their investigations and are ready to proceed. 

Magistrate Namwenyo refused the request, saying that the offenses that Kamati is facing are of a serious nature and thus it would be prudent to grant another postponement for police investigations. The court postponed the matter to 12 May. 

The prosecution is charging Kamati with a count of murder for what it deems as the unlawful and intentional killing of Johannes Kapewasha (37) on 16 November 2018, in Otjomuise, Windhoek.

Kamati was arrested in November 2018 for allegedly fatally hitting Kapewasha on the head with a brick, which caused him to die on the spot. According to police reports at the time, the fatal incident happened at a bar in 8ste Laan, Otjomuise where Kapewasha was employed as a security guard.

Kapewasha allegedly wanted to have a drink from Kamati’s jar of alcohol, which sparked a confrontation between the two.  The suspect’s boyfriend then removed her from the bar and locked her inside the shack. However, she allegedly escaped without her partner’s knowledge. It is alleged that after escaping from the shack, she sneaked up on Kapewasha from behind and hit him with a stone. Kapewasha died on the spot from the fatal blow to the head.

2020-02-11  Maria Amakali

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