After hearing submissions by the defence teams in the trial of five men accused of murdering Walvis Bay businessman Hans-Jorg Möller last week, Windhoek High Court Judge Dinnah Usiku indicated she will deliver her verdict on 8 July.
State Advocate Basson Lilungwe asked the judge to find all the accused guilty as charged. He submitted that the evidence presented by the State proved beyond a reasonable doubt that the men planned to rob the Möller residence, which culminated in the fatal shooting of Möller.
Mbanga Siyomunji represents Panduleni Gotlieb, the man who allegedly fired the fatal shot but denied that he was in Walvis Bay on the night in question. The lawyer argued that the identification of his client by the victim’s wife, Carol-Anne, was sketchy at best. He said she was under immense stress during the ordeal, and the trauma could have affected her memory. He added that the State failed miserably to prove any of the charges. In fact, he said, it is their narrative that the police planted the evidence pointing to his client.
Kalundu Kamwi, who represents David Tashiya, also questioned the identification of his client by Carol-Anne. He argued that Carol-Anne was under constant attack, which made her unable to properly identify her assailants. He said the confession by his client must be read within context as it explains that his client was beaten by the police to make the confession. Tanya Klazen, on behalf of David Shekundja, said there is no independent evidence to place her client at the Möller residence, except the dock identification of Carol-Anne. Furthermore, the State failed to disprove the alibi evidence of her client. He claimed that he was at home at the Mix settlement at the time of the horrific incident. Trevor Brockerhoff for Elly Ndapuka Hinaivali said it would be a travesty of justice if the court convicts on the strength of Carol-Anne’s dock identification, or on the admissions of Malakia Shiweda, who claimed that he drove the other accused to Walvis Bay on the night in question but denied having taken part in the robbery. Joseph Andreas, on behalf of Shiweda, reasoned that his client was truthful about the events which transpired on the night in question. He said Shiweda was consistent throughout his testimony, and his version must be accepted by the court.
All the defence lawyers asked the court to find their clients not guilty and discharge them. The accused are charged with murder, attempted murder, conspiracy to commit housebreaking with the intent to rob, and robbery with aggravating circumstances.
They are also charged with housebreaking with the intent to rob and robbery with aggravating circumstances – and two counts of unlawful possession of a firearm and ammunition for allegedly breaking into the house of Möller during a daring robbery. The accused allegedly shot him when he came to the defence of his wife and children during the early morning hours of 17 June 2016.
The accused were remanded in custody at the section for trial-awaiting inmates at the Windhoek Correctional Facility.
– rrouth@nepc.com.na