WINDHOEK - One of the men accused of killing the husband of a woman accused of paying them at least N$5 000 to murder her husband wants the Windhoek High Court to release him on bail in the middle of the trial.
Oviritje artist, Dollam Dollam Tjitjahuma, aged 28, lodged an application for bail through his latest Legal Aid lawyer, Natji Tjirera this week before Acting Judge Kobus Miller and said he wanted to be granted bail in order to continue with his music career to make money to take care of his family including his four minor children. He further told the court that one of his siblings wanted to follow her dream to become a lawyer but he could no longer support her financially due to his continued incarceration.
The State through Advocate Marthino Olivier oppose the bail application and says the risk that Dollam will abscond and not attend the trial is high and it is thus not in the interest of justice to commit him to bail at this late stage of the trial.
Tjirera told the court that the possibility that his client will be acquitted at the end of the State’s case on the available evidence is real. He further said that the only evidence that links his client to the crime is two disputed statements by his co-accused which will in all probabilities not be repeated under oath.
According to Tjirera, other than the confessions, there is not an “iota of evidence under the sun” that Dollam committed the heinous crimes he is accused of. With regards to the State’s fear of abscondment, Tjirera said, his client wants to prove his innocence to the whole world and will commit to attend all court proceedings. According to Tjirera, the evidence against Dollam is of such a nature that it can be called non-existent and the court can even release him on his own recognisance, but in the event a monetary guarantee is required his client can afford bail in the amount of N$5 000.
Olivier told the court that although it may seem that the State’s case against Dollam is weak, he is reminded of a quote by former High Court Judge Brian O’Linn that a trial is like riding a dark horse, it can go anyway. He said it is not for the Tjirera to predict the outcome of the trial when all the evidence has not been presented and told the court that should Dollam be convicted, he will face a lengthy custodial sentence which is enough incentive for him not to stand his trial.
Judge Miller said he will deliver his ruling on Friday, May 10 at 10h00.
Annastancia Lubinda, 34, David Kondjara, 33, Abiud Uazeua, 35 and Donald Hindjou, 27, are appearing on charges of murder, robbery while Dollam and Uazeua alone is charged with possession of drugs and defeating or obstructing the course of justice.
Lubinda is alleged to have hired her co-accused to kill her husband Peter Riscoh Muleke, 36.
All pleaded not guilty at the start of their trial.
The main trial will resume on July 08 before High Court Judge Johanna Salionga.