Defence says state has no direct evidence against Nakanduungile
Defence lawyer Petrus Smart Elago told the Ondangwa Magistrate’s Court on Thursday that while the attack on public prosecutor Justine Shiweda was “a terrible thing,” the state has no direct evidence linking his client, Dr Fillemon ‘Fly’ Nakanduungile, to the crime.
Elago argued that the case against Nakanduungile relies on speculation rather than facts, as he continued to cross-examine Detective Antonius Gabriel, the state’s key witness opposing bail. He noted that both Gabriel and Nakanduungile became emotional during testimony and when shown images depicting Shiweda’s injuries.
State alleges close association with co-accused
Gabriel told the court that Nakanduungile may have knowledge of investigations through his close relationship with alleged mastermind Abner Mateus, who is accused of planning the attack. According to Gabriel, Mateus allegedly knew the time and place police were interviewing Nakanduungile, suggesting potential insight into police operations.
Elago countered that Nakanduungile has no access to the police docket and submitted that there is no evidence showing that he knows the remaining witnesses yet to be interviewed or that he would interfere with investigations if granted bail.
Gabriel also said there is a key witness whose identity cannot be disclosed at this stage, but insisted Nakanduungile knows who the witness is.
Questions of bail suitability
The court heard that Nakanduungile has no fixed assets in Ondangwa, could easily relocate from his current residence in Okankete village, and frequently travels to Angola using emergency travel documents, according to passport records. Gabriel argued these factors make him unsuitable for bail.
Gabriel further testified that police are struggling to obtain medical records of Mateus, who was previously Nakanduungile’s patient. According to the officer, Nakanduungile initially told police the records were unavailable because he was in custody. Control prosecutor Yeukai Kangira added that Nakanduungile reportedly stopped recording consultations at some point.
Seriousness of the case
Gabriel emphasised that the matter is serious and could be transferred to the High Court once trial proceedings begin, warning that a conviction would carry severe punishment. He noted that Nakanduungile, as the only medical doctor among six accused, has knowledge of acid.
Elago countered that speculation cannot be used to deny bail and highlighted that Nakanduungile had contacted Shiweda after the attack to inquire about her wellbeing, receiving a warm response in which she referred to him as “my brother,” questioning why he would want to harm someone he considered a friend.
Magistrate Lutaka Billy Mutwa is presiding over the case. The bail application is ongoing.
Elago argued that the case against Nakanduungile relies on speculation rather than facts, as he continued to cross-examine Detective Antonius Gabriel, the state’s key witness opposing bail. He noted that both Gabriel and Nakanduungile became emotional during testimony and when shown images depicting Shiweda’s injuries.
State alleges close association with co-accused
Gabriel told the court that Nakanduungile may have knowledge of investigations through his close relationship with alleged mastermind Abner Mateus, who is accused of planning the attack. According to Gabriel, Mateus allegedly knew the time and place police were interviewing Nakanduungile, suggesting potential insight into police operations.
Elago countered that Nakanduungile has no access to the police docket and submitted that there is no evidence showing that he knows the remaining witnesses yet to be interviewed or that he would interfere with investigations if granted bail.
Gabriel also said there is a key witness whose identity cannot be disclosed at this stage, but insisted Nakanduungile knows who the witness is.
Questions of bail suitability
The court heard that Nakanduungile has no fixed assets in Ondangwa, could easily relocate from his current residence in Okankete village, and frequently travels to Angola using emergency travel documents, according to passport records. Gabriel argued these factors make him unsuitable for bail.
Gabriel further testified that police are struggling to obtain medical records of Mateus, who was previously Nakanduungile’s patient. According to the officer, Nakanduungile initially told police the records were unavailable because he was in custody. Control prosecutor Yeukai Kangira added that Nakanduungile reportedly stopped recording consultations at some point.
Seriousness of the case
Gabriel emphasised that the matter is serious and could be transferred to the High Court once trial proceedings begin, warning that a conviction would carry severe punishment. He noted that Nakanduungile, as the only medical doctor among six accused, has knowledge of acid.
Elago countered that speculation cannot be used to deny bail and highlighted that Nakanduungile had contacted Shiweda after the attack to inquire about her wellbeing, receiving a warm response in which she referred to him as “my brother,” questioning why he would want to harm someone he considered a friend.
Magistrate Lutaka Billy Mutwa is presiding over the case. The bail application is ongoing.
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