Madisia ‘could not foresee’ Wasserfall's death
Judgment expected in May
Final arguments were heard in the Windhoek High Court yesterday, while the defendants are expected to hear their fate in May.
Judge Christie Liebenberg yesterday heard the final arguments in the Wasserfall murder case in the Windhoek High Court.
Siblings Azaan Madisia and Steven Mulundu are jointly on trial on charges of murder, robbery and obstruction of justice. Madisia faces two more charges of fraud.
State prosecutor Henry Muhongo told the court that Madisia cannot rely on self-defence as an argument, due to her testimony before the court that she followed the late Shanon Wasserfall into the bedroom.
"Her claims that she was attacked cannot be true because she followed her alleged attacker. She was not attacked," he said.
Madisia's lawyer Albert Titus said Madisia will not rely on self-defence, but rather on the argument of her intentions when she pushed Wasserfall.
"Even under the competent verdict of culpable homicide, the law dictates that an accused could reasonably foresee that the person could die as a result of their actions. Madisia told the court that she could not have foreseen that the deceased would succumb due to her actions.”
Lack of evidence
Titus and Mulundu's legal representative Tanya Klaazen told the court that the State had not provided sufficient evidence to show other possibilities that would cast doubt on Madisia's intentions to kill Wasserfall.
"The State concedes to large parts of the defendant's version," Titus said.
However, Muhongo cast doubt on the various versions of Madisia's testimony.
To this, Titus said the court had previously mentioned the possibility that an accused would give a false account because they believe that the truth is not credible, and this is the reason Madisia provided for the conflicting versions.
Muhongo also argued that both Madisia and Mulundu knew they could be held accountable for their actions as Madisia told Mulundu that she had done something 'wrong' when she called him to come help her.
Klaazen then argued that this was a 'misleading' argument and that Mulundu believed Wasserfall's death was an accident.
Liebenberg is expected to deliver a ruling on 16 May.
Siblings Azaan Madisia and Steven Mulundu are jointly on trial on charges of murder, robbery and obstruction of justice. Madisia faces two more charges of fraud.
State prosecutor Henry Muhongo told the court that Madisia cannot rely on self-defence as an argument, due to her testimony before the court that she followed the late Shanon Wasserfall into the bedroom.
"Her claims that she was attacked cannot be true because she followed her alleged attacker. She was not attacked," he said.
Madisia's lawyer Albert Titus said Madisia will not rely on self-defence, but rather on the argument of her intentions when she pushed Wasserfall.
"Even under the competent verdict of culpable homicide, the law dictates that an accused could reasonably foresee that the person could die as a result of their actions. Madisia told the court that she could not have foreseen that the deceased would succumb due to her actions.”
Lack of evidence
Titus and Mulundu's legal representative Tanya Klaazen told the court that the State had not provided sufficient evidence to show other possibilities that would cast doubt on Madisia's intentions to kill Wasserfall.
"The State concedes to large parts of the defendant's version," Titus said.
However, Muhongo cast doubt on the various versions of Madisia's testimony.
To this, Titus said the court had previously mentioned the possibility that an accused would give a false account because they believe that the truth is not credible, and this is the reason Madisia provided for the conflicting versions.
Muhongo also argued that both Madisia and Mulundu knew they could be held accountable for their actions as Madisia told Mulundu that she had done something 'wrong' when she called him to come help her.
Klaazen then argued that this was a 'misleading' argument and that Mulundu believed Wasserfall's death was an accident.
Liebenberg is expected to deliver a ruling on 16 May.
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