WINDHOEK - The trial of five men accused of murdering Walvis Bay businessman Hans-Jorg Möller during a daring robbery was postponed yesterday to tomorrow.
This was after Windhoek High Court Judge Dinnah Usiku, at the premises of the Windhoek Correctional Facility, was informed the new lawyer of the main accused Gotlieb Panduleni was not ready.
Titus Mbaeva was only instructed by Legal Aid on Friday last week after Tuna Nhinda, the previous Legal Aid lawyer withdrew suddenly on Wednesday last week.
Mbaeva told the court he had read the docket over the weekend, but was unable to consult with Panduleni. He further informed the court that Panduleni has expressed a wish to read through the record himself and acquaint himself with the evidence against him.
Judge Usiku granted the request for the postponement after there were no objections from the other defence counsels and the state.
Panduleni, 31, who allegedly fired the fatal shot; David Tashiya, 30, David Shekudja, 36, Elly Ndapuka Hinaivali, 30, and Malakia Shiweda, 29, are facing charges of murder, attempted murder, conspiracy to commit housebreaking with the intent to rob and robbery with aggravating circumstances, housebreaking with the intent to rob and robbery with aggravating circumstances and two counts of unlawful possession of a firearm and ammunition.
The men are alleged to have broken into the residence of Möller and shot him when he came to the defence of his wife and children during the early morning hours of June 17, 2016.
According to the charge sheet the five men planned to rob the Möller family residence of money and other valuable items. They broke into the house armed with knives, firearms and other dangerous weapons.
They broke into the house either late June 16 or in the early morning hours of June 17, 2016 while the family was asleep. Brandishing the weapons, they allegedly demanded money from Carol-Ann after she had gone to investigate a noise she had heard, the indictment reads.
When the deceased tried to come to the assistance of his wife, Panduleni shot him in the stomach and the accused continued to assault Carol-Ann while demanding money, it is alleged.
They then ransacked the house in search of money and other valuables and they thereafter fled the scene with the stolen items, it is charged. Möller was transported to a hospital where he succumbed to the injuries sustained.
According to the state, the five accused acted with a common purpose.
The items stolen from the Möller family include seven cellphones valued at N$47,300, one laptop valued at N$18,500, one I-Pad worth N$3,500, the deceased’s wallet with various documents valued at N$1,200, one digital photo frame worth N$2,500, an unknown amount of foreign currency in Euro, British Pound, US Dollar, Zambian Kwacha, Zimbabwean Dollar and Botswana Pula. Also taken were a black laptop bag worth N$300, one black backpack worth N$350, one Canon EOS 600 D camera and large lens valued at N$18,000, a bedside clock with alarm valued at N$2,300, jewelry worth N$56,000, three knives valued at N$4,800, N$8,200 cash and N$11,400 in envelopes meant for commissions.
Tashiya is represented by Mese Tjituri, Shekudja by Mpokiseng Dube, Hinaivali by Trevor Brockerhoff and Shiweda by Titus Ipumbu, all on instructions of Legal Aid. State Advocate Marthino Olivier represented the state and the accused remain in custody at the Windhoek Correctional Facility section for trial-awaiting inmates.