Two of the five men on trial for allegedly being hired by a Windhoek woman to kill her husband have lodged an application for discharge in terms of section 174 of the Criminal Procedure Act when the State closed its case against them.
David Kondjara (39) and Donald Hindjou (31) claimed the State has so far not presented any prima facie evidence linking them to the murder. In their statements, they denied taking part in the fatal assault although having been present at the scene. Kondjara and Hindjou were arrested alongside Annastancia Lubinda who has allegedly confessed to have been involved in a plot to have her husband killed.
The other co-accused in the matter are David Matali (46), Abiud Uazeua (40) and Dollam Tjitjahuma (32). They are facing charges of murder, robbery with aggravating circumstances and conspiracy to commit murder in connection with the killing of Lubinda’s husband, Peter Riscoh Muleke (36), in the Goreangab Dam area in Windhoek during the night of 29 to 30 March 2015.
During their court appearance yesterday in the Windhoek High Court, Judge Christie Liebenberg informed the accused through their lawyers that should any of them wish to join Kondjara and Hindjou’s application, they should file their papers before 14 September.
The court postponed the matter for ruling on the application and continuation of trial to 21 September.
All accused persons were remanded in custody. The prosecution is alleging that Lubinda hired Matali, Kondjara, Hindjou, Uazeua and Tjitjahuma to kill her husband Muleke for a fee of N$5 000. In a confession made by Lubinda before a magistrate, Lubinda said she was a victim of domestic abuse with regular beatings and a near-fatal stabbing.
This caused her to look for a way out, she said in her statement. According to her, Matali was the one that influenced her to have her husband killed and he told her about a person who can supply her with poison, but when this did not materialise, he gave her cell phone numbers of people who allegedly kill for money. She then contacted the hitmen whose initial price was N$7 000, Lubinda stated, but it was lowered to N$5 000 when she told them she cannot afford the higher price.
Kondjara and Hindjou also made statements to a magistrate in which they claim that although they were present at the crime scene, they did not partake in the killing. According to them it was Uazeua and Tjitjahuma who killed the victim with the help of Matali. According to the two, Lubinda was present and was telling the men ‘to make it quick’. Lubinda said in her statement that she asked her late husband to take her to Goreangab Dam on that fateful day to collect money from someone while knowing well that the hitmen were waiting for them.
The body of the deceased was later found a few metres from his abandoned car at Goreangab Dam. Local lawyers Mbanga Siyomunji and Milton Engelbrecht, are representing the accused. The State is represented by Marthino Olivier.