RUNDU – Catholic priest Wilbard Haingura and co-accused Maria Lingue were last week found not guilty by the Rundu Magistrate’s Court for the possession of a stolen solar water pump for a borehole of the Nyangana Parish in Kavango East.
The court also ordered their bail money of N$3 000 each to be refunded.
The duo was arrested in January, following a sting operation in which they allegedly attempted to sell the pump to undercover cops, who pretended to be looking for a second-hand solar water pump amidst high water pump theft cases.
Rundu magistrate Selma Shiiga on Monday found them not guilty of the alleged crime after it was established in court that the pump was found with a third person, whom the police were not at liberty to disclose.
Rrepresented by a Rundu-based lawyer Bernhard Tjatjara, the two pleaded not guilty at the start of the trial.
Tjatjara argued that the State dismally failed to prove its case beyond reasonable doubt, as it was not proven that the pump was found with the accused persons.
“Possession, as an ingredient for the offence, was not proven and the State did not pass the threshold of proof beyond reasonable doubt,’’ he argued.
He further argued that there was no shred of evidence that the two accused persons were indeed in possession of the said pump when it was found by the police after the police officer testified that the pump was found with a third person.
The State called two witnesses and closed its case.
Prosecutor Michael Munika conceded that a statement from the third person from whom the pump was found was not taken by the police, nor did he also know who that third person was.
Magistrate Shiiga agreed with the defence submissions and found the accused not guilty.
– jmuyamba@nepc.com.na