Iuze Mukube
A Zimbabwean couple accused of killing a nine-year-old girl told Judge Philanda Christiaan on Tuesday that they were intimidated by police investigators into disclosing incriminating information in their warning statements.
During the trial-within-a-trial proceeding, Caroline and Edward Nkata, who are challenging the admissibility of their statements, argued that they were not properly informed of their statements at the time of, or before, their arrest.
The Nkatas, alongside Rachel Kureva, are accused of murdering a young girl, Akundaishe Natalie Chipomho, in Windhoek between 23 and 25 January 2020.
The trio face one count of murder and further counts of violating a dead body, defeating or attempting to defeat the course of justice, fraud, alternatively uttering a forged document, forgery and contravening the Immigration Control Act.
Edward testified that the police failed to inform him of his legal rights, such as the right to remain silent and to legal representation, at the time of his arrest, stating he was instead met with insults from the officers.
He stated that after being blocked at the roadblock at the time of his arrest, two police officers insulted him, saying, “f***king Zimbabwean, we are helping you, and you just come to do things.”
He insisted that the officers did nothing but insult him, failing to read his rights or inform him of the reason for his arrest.
He added that another officer, Inspector Lodewyk van Graan, came towards where he was standing with the other two officers and violently punched him on the left jaw, knocking a tooth out.
He stated van Graan insulted him, saying, “F***king Zimbabwean, why are you here? Go back to your country.”
Edward stated that he did not respond because he was already in handcuffs and added that Commissioner Nelius Becker, who was present at the scene, also failed to inform him of his rights, instead watching as “his white colleague was being aggressive, insulting and assaulting me”.
He said that nothing was explained to him during the arrest, claiming that all the serious crime officers present insulted him, although he specifically identified only three.
He added that after being placed in the back of the police van, the officer driving, who he claimed was intoxicated, drove at an excessively high speed, leading to an accident in which he was seriously injured.
After he was transferred to Katutura Hospital, he stated five or more police officers came to his hospital cell [room], including Warrant Officer Josef Ndilyowike.
He testified that the officers stormed into his room aggressively and hurled numerous insults, that they questioned him about what had happened, who he was, and where his mother was, but, contrary to what Ndilyowike claimed, they never explained his legal rights.
He added that he recalled Ndilyowike banging on the hospital’s sliding door and saying, “Talk now or else, you foreigner”, and further claimed that at no point did the officer inform him of his legal rights.
Instead, he said, several officers entered the room to intimidate him during interrogation.
Additionally, he stated that he never signed the warning statement, as his dominant hand, the right hand, was fractured at the time and, even five years later, has not fully healed.
Caroline, meanwhile, concurred with her husband, stating she was met with insults from van Graan and that he never asked about her rights.
She stated the officer started asking her why she killed the girl and what happened, and then she was taken into a police vehicle.
Although she is not contending to giving the information in her warning statements, she is, however, arguing that her legal rights prior to and after the arrest were never properly explained to her.
She stated that she was afraid of van Graan because of his conduct following her arrest and that she went to the magistrate to tell her story only after he instructed her to do so and promised she would be made a State witness.