Windhoek High Court Judge Christie Liebenberg yesterday convicted the two men on trial for the murders of elderly Swakopmund couple 81-year-old Siegfried and 79-year-old Sieglinde Strzelecki of murder with direct intent with regards to Sieglinde.

With regards to Siegfried, the judge said, it was not proven by the State his death was as result of the assault he suffered at the hands of the accused and only convicted them of common assault. 

State prosecutor Timo Itula already conceded the State did not prove that the two men on trial for the murder and robbery killed Siegfried.

The judge further convicted Simon Shidute Jerobeam (31) and Fabian Hipukuluka Tange-Omwene Lazarus on a charge of robbery but acquitted them on a charge of housebreaking, as the accused did not physically break into the residence of the couple. 

He also convicted Lazarus alone on a charge of theft for stealing the safe key of the couple. 

According to the judge, the evidence was overwhelming that it was indeed Lazarus who stole the key as testified by a State witness whose evidence was credible. 

This also placed him at the scene of the crime in contrast to his defence that he was at home with his girlfriend on the night in question, the judge found. 

This led to a conviction on a charge of conspiracy to commit robbery and murder as the judge said he was satisfied that the State proved the charge. 

This, he said, was borne out by the warning statements of both accused in which they admitted to plan to rob the elderly couple. 

He further convicted them on a charge of defeating the course of justice, Jerobeam for washing his hands and clothes in the sea to get rid of the blood of Sieglinde and Lazarus for placing a pair of sneakers and jeans in a bucket with water.

According to the judge, the accused made common cause with another accused, Daniel Nghilifa Stefanus, to rob the deceased couple. 

Stefanus escaped from police custody and is still at large. 

While they only planned to rob the couple, the judge said, they should have foreseen the possibility of resistance with the possibility of them having to silence the victims. 

This is exactly what happened, the judge said. 

They had to use force to force the victims into submission and the result of that force was that one of the victims died. 

He further said that the intent of the accused when Sieglinde was strangled to death was to shut her up which showed an intent to kill. Since the accused was present and did not try to prevent the murder, they are guilty by association, the judge stressed.

Jerobeam and Lazarus were convicted of entering the house of the Strzeleckis in Swakopmund during the early morning of 2 August 2017 with the aim to rob the elderly couple and in the process killed Sieglinde by strangulation and caused Siegfried to die eight days later in a frail care home.

Both accused pleaded not guilty at the start of their trial.

They will return to court on 1 November for pre-sentencing procedures and remains in custody.