Iuze Mukube 

The trial of three men accused of robbing and murdering a businessman, Daniele Ferrari, in the Avis Dam area in Windhoek in 2020 has descended into a trial within a trial. 

This follows a dispute by two of the three accused, Kefas Iileka and Johannes Shetunyenga, that their warning statements and confession were made under duress and compulsion. 

Iileka, Shetunyenga and Antonio Muvua Cheme are facing one count of murder, two counts of robbery with aggravating circumstances, and alternatively receiving or acquiring stolen property. 

Additionally, they face a count of defeating or obstructing the course of justice or attempt thereof, attempted murder, assault with intent to cause grievous bodily harm, and possession of a firearm without a licence. 

During the session last week, Mbanga Siyomunji, the lawyer representing Iileka, told the court that his client was not aware of what was happening on the day of his arrest. 

He stated the accused was taken to Avis Dam, told to stand and instructed to face different directions whilst pictures of him were taken. 

Siyomunji added that Iileka’s warning statement taken by a chief inspector was not given by him and that the signature on the document was not his. 

Iileka claimed that upon arrest, he was taken to Seeis Police Station, and after arriving, he was tortured and beaten by a warrant officer. 

The accused stated that he was also told exactly what to say in his confession, and under compulsion, that is exactly what he said to the Magistrate. 

Shetunyenga, represented by Enos Mwakondange, stated he was also taken to Avis Dam, where pictures of him were taken. 

He claimed that apart from being handcuffed, insulted, punched in the chest and having his hands beaten, nothing else was explained to him. 

He stated that his legal rights, like the right to legal representation, were not explained to him. 

He recalls that he was taken to the police station and was punched, kicked, and slapped while handcuffed by the charge officer. 

He added that he was told “he will sh*t for what he did”, and then a story was narrated to him to which he must agree. 

According to him, he was told he must agree that he knew certain events surrounding the incident and that he was together with Iileka at Avis Dam during the robbery incident. 

If he did so, he might be released, he added. 

He was then presented with the document to sign, but he refused. 

The accused also said that he was taken to the Magistrate to give a confession, and while on the way, an officer allegedly told him to tell the Magistrate exactly what was narrated to him. 

If he narrated so, it would be in his best interest, and it was under that impression that he confessed what he was told, but he still refused to sign that document. 

Subsequently, the trial within a trial then began with the State, represented by Ethel Ndlovu, calling its first witness. 

In the case, it is alleged by the State that they killed businessman Ferrari (52) by stabbing him with knives and pangas or other sharp objects. 

They stole his Samsung Galaxy S7 cellular phone, a brown leather wallet containing approximately N$1 000, as well as his identity documents and other belongings. 

It is alleged that under aggravating circumstances, the accused were wielding dangerous weapons and were inflicting grievous bodily harm on the victim. 

The incident happened at the Avis Dam on 14 July 2020. 

It is furthermore alleged that they attempted to subvert the course of justice by discarding in a manner unknown to the State the panga(s) and knives used in the murder and throwing away the ID, driving licence, medical aid card and bank card of the victim. 

-mukubeiuze@gmail.com