Roland Routh
Commissioner of refugees Likius Valombola, who is accused of murdering a student leader in 2018, wants the court to dismiss all charges against him.
His lawyer Nambili Mhata made the application yesterday before Windhoek High Court Judge Claudia Claasen.
Valombola (53) has been charged with murder after allegedly shooting and killing 25-year-old Helao Ndjaba in the head on 18 May 2018 in Windhoek’s Ombili location.
Valombola has been free on bail of N$15 000.
Mhata argued the State failed to show on a scale of probabilities that Valombola intended to shoot Ndjaba when he fired the fatal shots.
According to Mhata, almost every eyewitness called by the State had a different version riddled with contradictions on the alleged shooting.
To make matters worse, he said, the police investigation was bungled in material respects by the scene of crime officer, the investigating officer, the pathology and ballistics personnel and officials at the forensic laboratory.
In contrast, he went on, the accused’s case was consistent regarding the circumstances under which he fired the shot from his bail application to his plea explanation.
He said his client also maintained the same position when his instructions were put to State witnesses during the trial.
“In fact, the law is now to the effect that an accused cannot simply be placed on defence to supplement the State’s case,” he emphasised.
Mhata asked the court to carefully and objectively consider the application with due regard to the poor quality of the evidence presented by the State and rule in favour of Valombola.
The State, represented by Ethel Ndlovu, argued they presented a prima facie case and that Valombola has a case to answer.
She said that at this stage of the trial, the credibility of witnesses does not play a significant role in the decision of the court on whether to place a defendant on his defence or dismiss the charges.
Valombola has pleaded not guilty to murder but admitted to firing the shots that could have possibly caused the death of Ndjaba.
The doctor who conducted the autopsy on the victim said the bullet (s) caused so much damage in his left brain that it was almost impossible for him to survive.
According to the doctor, he observed two entry wounds in the left side of the deceased’s skull indicating that he was struck twice in close succession.
During his plea – in which he conceded firing the shots but denied intent to kill – Valombola told the court that he fired two shots about 10 seconds apart when he was accosted by three people that were banging on his car door.
At the time, he said, he was afraid for his life and the lives of his wife and son who were in the car with him.
Judge Claasen indicated she will deliver her ruling on the 174 discharge application on 10 March.