Lawyer Jermaine Muchali wants a review of the prosecutor general’s decision to reinstate charges against Rachel Kureva after initially declining to prosecute.
The Legal Aid-instructed representative of the biological mother of a nine-year-old girl, who was killed and her body burned, allegedly by her and two co-accused, wants his application completed before he prepares for her defence.
Muchali told Windhoek High Court Judge Christi Liebenberg yesterday during a pre-trial hearing for Kureva (40) that he is only waiting to receive the PG’s decision from the State before he lodge the review application.
He further said that should the review application go in their favour, then there would be no need for him to prepare a defence for his client.
Liebenberg agreed and postponed the matter to the next pre-trial date, 15 June, and advised Muchali to get the ball rolling in the review application in the meantime.
The PG declined to prosecute Kureva in January last year, when she decided to arraign Edward Nkata (39) and Caroline Nkata (38) in the High Court.
The PG however made a U-turn after the 14-year-old son of the Nkatas, who are accused with Kureva of the brutal murder of Akundaishe Natalie Chipomho made a statement to the police that also implicates her.
The PG then indicated that she must face charges of murder, read with the provisions of the Combating of Domestic Violence Act, defeating the course of justice and violating a dead body.
She was re-arrested in early January and made a first appearance in the Windhoek Magistrate’s Court, where her trial was postponed for the prosecutor general’s decision by magistrate Kandiwapa Nembia.
The High Court trial was ready to start with only the Nkatas until advocate Ethel Ndlovu brought an application for a postponement of the trial as the State wants to join Kureva to the matter.
The Nkatas will face two additional charges of attempted murder, fraud, alternatively uttering a forged document, forgery and contravening the Immigration Control Act.
It is alleged that the accused assaulted the nine-year-old Chipomho to death, burnt her body and dumped the remains in a rubbish bin in Windhoek North between 23 and 25 January 2020.
The Nkatas are also charged with attempting to kill Edward’s then 11-year-old son by hitting him with a belt and unknown object all over his body between 20 and 22 January 2020. However, he survived the ordeal.
The Nkatas were spotted dragging a wheelie bin in the eastern direction of Ooievaar Street in the Rhino Park area around 21h00, and a witness felt it was suspicious because it was at night.
The couple was caught on a surveillance camera in the area.
Caroline is represented by Milton Engelbrecht and Edward by Mbanga Siyomunji, both on instruction from Legal Aid.