Two of three people on trial for the murder of renowned stock theft investigator Wilfred ‘Major’ Kazeurua want to be released on bail.
Stockley Kauejao and Muvare Kaporo, through their lawyers Salomon Kanyemba and Mbanga Siyomunji, yesterday informed High Court Judge Alfred Siboleka that they intend on bringing forth bail applications.
This came to light yesterday after the accused’s application to have Siboleka recuse himself from their ongoing trial was dismissed – a decision they intend on seeking leave so they may appeal to the Supreme Court.
In their recusal application, Kauejao and Kaporo said their rights to a fair trial have been infringed upon.
According to them, Siboleka will not be partial, as he is privy to the details of the case because he sat on the 174-discharge application.
However, Siboleka indicated the 174-discharge application does not mean an end to a trial, and it does not allow the court to engage in a discussion of the matter on the merits of the evidence recorded so far.
In addition, its ruling is not a conclusive factual finding on the merits of the evidence in the matter.
“On these two recusal applications, both the applicants have failed to establish on a balance of probability that a reasonable, objective and informed person would, on the grounds they have placed before court, reasonably apprehend that this court has not and will not bring an objective or impartial mind to bear on the adjudication of the case,” said Siboleka.
Kauejao and Kaporo, alongside Mathew Kakurarume, are on trial on charges of murder, stock theft and defeating or attempting to defeat or obstruct the course of justice – charges they have all denied.
The fourth accused, Afas Kamutjemo, is charged only with counts of stock theft and defeating or obstructing the course of justice.
The State is alleging the accused conspired to kill Kazeurua to prevent him from tracing cattle they had stolen.
The group had allegedly stolen 15 head of cattle from a farm in the Gobabis area earlier in December 2012.
Kaporo and Kakururume allegedly ambushed and killed him by strangling him and throwing sand in his mouth to prevent him from breathing.
This allegedly happened on 28 December 2012.
Kazeurua’s vehicle was set on fire after he had been killed, and his body was burnt and buried.
The partly burned body of Kazeurua was found in an Aardvark burrow on 7 January 2013 after he had been reported missing days earlier.
The accused have all denied guilt.
Their trial will resume with the defence’ case on 30 August.