Commissioner of Refugees Likius Valombola (53), who is accused of shooting Helao Ndjaba (25) in the head in cold blood in King Kauluma Street, Oshitenda, Ombili in Windhoek on 18 May 2018 wants the court to dismiss all charges against him.
This was indicated to Windhoek High Court Judge Claudia Claasen yesterday at the High Court situated at the Windhoek Correctional Facility by Nambili Mhata, who stood in for Sisa Namandje when he gave notice that he will apply for a section 174 discharge of their client.
Mhata, however, requested the court for more time since they wish to prepare substantive arguments on why the State failed to adduce enough evidence against Valombola to put him on his defence. He told Claasen that the court record is voluminous and they have to go through the evidence of ten State witnesses to prepare.
Deputy prosecutor general Ethel Ndlovu agreed with Mhata that the period set down for the continuation of the trial – yesterday until Thursday – is hopelessly inadequate for them to prepare and they agreed to a postponement.
Since the judge’s diary is chock and block full during this year, it was agreed that the matter be set down for hearing the section 174 application on 10 February next year.
It was further agreed that Valombola’s defence team will file their heads of argument not later than 20 January and the State its heads by not later than 2 February next year.
Valombola has pleaded not guilty to murder but admitted to firing the shot that could have possibly caused the death of former student leader Ndjaba in 2018.
The doctor who conducted the autopsy on the slain student leader 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 victim’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 was in the car with him.
Valombola is free on bail of N$15 000, which was granted three days after the incident.