Former security guards, who were on trial for allegedly shooting and killing an Acacia student nearly six years ago, were found not guilty by the Windhoek Regional Court yesterday.
At the close of the state’s case, all the accused applied for discharge under Section 174 of the Criminal Procedure Act 51 of 1977 (CPA), arguing that the state failed to prove beyond reasonable doubt the murder and attempted murder by assault charges. Magistrate Ileni Velikoshi found Waldo Kavakundu (55) and Gordon Visagie (42) not guilty on the charges of murder and attempted murder by assault and alternative charge of negligent discharge or placement of a firearm. Consequently, the court refunded N$10 000 that was deposited for Kavakundu and Visagie’s bail.
The two men have denied guilt when they took a no guilty plea at the beginning of their trial. In their defence, the deceased was shot when the gun went off several times during a struggle between him and one of seven intruders who invaded his home while he was sleeping.
One of the intruders allegedly had a gun with him, which was already cocked, and which they started fighting over; as a result, three shots went off, hitting Kaipiti in the chest.
During his testimony, Kavakundu explained that Visagie was attacked and robbed of his wallet and service pistol by a group of six or seven men. According to Kavakundu, the gun that was used to kill the deceased belongs to him, as he was employed as a security guard at the time.
However, investigative officer Joseph Ndokosho testified that according to the statement he obtained from Visagie, he had admitted that Kavakundu took the gun from him and shot Kaipiti.
Ndokosho further testified that four spent cartridges were discovered in the room where the body was found but the murder weapon was nowhere to be found. The murder weapon was, however, found days later on a man who had allegedly picked it up near the crime scene.
State witness Haandjeka Venaani informed the court he saw the deceased in handcuffs. According to his testimony, when he arrived at the scene, he found the deceased handcuffed but by the time the police got to the scene, no handcuffs were seen on the deceased. He further testified that the handcuffs were removed by Kavakundu and his co-accused.
The two men are currently on bail and they are being represented by local lawyers Mbanga Siyomunji and Milton Engelbrecht.