WINDHOEK - The defence counsel of 21-year-old David Elrico Kasupi last week grilled the investigating officer in the murder of his two-month pregnant girlfriend during cross-examination before Windhoek High Court Acting Judge Kobus Miller.
Former magistrate-turned-defence lawyer Jermaine Muchali took his time in questioning Detective Warrant Officer Desmond Herero about shoe prints found at the scene, among others.
The detective was testifying in the murder and defeating or obstructing or attempting to defeat the course of justice of Kasupi who is on trial for allegedly murdering Lady Daire by slitting her throat during the period January 4 to 5, 2015.
Muchali wanted to know from the witness how he could say with certainty that the shoe prints found at the murder scene belonged to the accused as the kind of sandals he was wearing is been worn by most of the residents of the Leonardville.
It is further alleged that Kasupi unlawfully and with the intent to defeat or obstruct the course of justice hid a pair of sandals and/or a shirt and/or a short trouser in bags under his bed and that he did it to frustrate the investigation into the death of the deceased.
Kasupi pleaded not guilty to all charges and told the judge through his state funded lawyer Muchali that he will remain silent and put the prove of all charges on the state.
The lawyer confirmed the plea and said that the basis of their defence will become apparent during the course of the trial.
During his cross-examination, it has come to the fore that Kasupi’s defence is a blanket denial that he was the one who killed the deceased.
Muchali yesterday accused Herero of not explaining the rights of Kasupi to him in details and neglected to enquire from him whether he wanted a lawyer present when his room was searched or when he obtained the warning statement.
The detective only confirmed that he explained the right to legal representation and that Kasupi nodded his head when asked whether he understood his rights.
Muchali had a field day with this and said the detective should have enquired further, whether his client wanted a lawyer.
Judge Miller had to intervene at regular intervals to reign in Muchali who continuously grilled the detective about omissions he made in various statements he made.
In one instance, Muchali asked the detective how he can be sure that feces found near the crime scene belonged to the accused and whether the feces were collected and analysed for DNA to determine if it belonged to the accused, the detective said that he concluded the feces belonged to the accused because the accused sent a message to the deceased saying in Afrikaans: Kom haal jou goed by Ou Boeroes se huis ek gaan vat nou a kak (come fetch your staff at Ou Boeroes home I’m going to take a sh&*t).
This led to a whole new saga as Muchali wanted to know whether the detective can derive from that text message that it was indeed the accused who defecated there.
The judge had again to intervene and Muchali agreed to move on from that point.
The trial is continuing and Kasupi remains in custody.
2019-09-09 09:11:37 | 8 months ago