Cops accused of beating suspects
The standard operating procedure to be followed when an accused person is taken from holding cells for questioning was ignored at Wanaheda Police Station.
There is no record in the 'Occurrence Book' of the holdings cells at the station which indicates that three murder suspects, Annastancia Lubinda, 33, Abiud Uazeua, 35, and Dollam Tjitjahuma 27, were booked out on 2 April 2015 for interrogation.
The three defence lawyers, Milton Engelbrecht, Syomuijnji Mbanga and Miriam Kenaruzo, allege that their clients were assaulted to make admissions in their statements.
They further argued these statements cannot be admitted as evidence because their clients were not informed of their rights.
The three, together with David Matali, 45, Dawid Kondjara, 32, and Donald Hindjou, 26, stand accused in the High Court in Windhoek of the murder of Peter Muleke, 36, who was killed near Penduka around the Goreangab Dam area between 29 and 30 March 2015.
Judge Johanna Salionga yesterday, during the trial-within-a-trial to determine the admissibility of the evidence the defence lawyers allege were coerced from their clients through assault, granted the request of the three defence lawyers that the Occurrence Book be brought to court for inspection.
This was to ascertain whether or not it is true that the accused were interviewed together and thereafter, one by one.
Constable Augustinus Iipinge, who earlier in his testimony could not remember whether the accused were booked out from the holding cells, when given the book and after perusing through it, conceded there is no indication that they were booked out.
According to extracts of 2 April 2015 presented to the court, the suspects were not booked out.
“If a suspect under police detention is interrogated he will have to be booked for having being taken out,” Siyomuinji put to the witness who maintained the three were interviewed whether it is not indicated in the book or not.Iipinge had testified that the accused were interrogated by him, Sergeant Malakia Frederick Nuule and another officer, Romeo Swalisano Libala.
However, allegedly there is no mention made of the two phases of the interrogation, that is, when they were questioned together and then, interviewed one by one, in the statements of the three police officers.
Kenaruzo, appearing for Tjitjahuma, put it to him that she will argue that there is no way his evidence in court can be tested against his evidence in his statement that was disclosed to the defence.
The trial continues.
FRED GOEIEMAN
There is no record in the 'Occurrence Book' of the holdings cells at the station which indicates that three murder suspects, Annastancia Lubinda, 33, Abiud Uazeua, 35, and Dollam Tjitjahuma 27, were booked out on 2 April 2015 for interrogation.
The three defence lawyers, Milton Engelbrecht, Syomuijnji Mbanga and Miriam Kenaruzo, allege that their clients were assaulted to make admissions in their statements.
They further argued these statements cannot be admitted as evidence because their clients were not informed of their rights.
The three, together with David Matali, 45, Dawid Kondjara, 32, and Donald Hindjou, 26, stand accused in the High Court in Windhoek of the murder of Peter Muleke, 36, who was killed near Penduka around the Goreangab Dam area between 29 and 30 March 2015.
Judge Johanna Salionga yesterday, during the trial-within-a-trial to determine the admissibility of the evidence the defence lawyers allege were coerced from their clients through assault, granted the request of the three defence lawyers that the Occurrence Book be brought to court for inspection.
This was to ascertain whether or not it is true that the accused were interviewed together and thereafter, one by one.
Constable Augustinus Iipinge, who earlier in his testimony could not remember whether the accused were booked out from the holding cells, when given the book and after perusing through it, conceded there is no indication that they were booked out.
According to extracts of 2 April 2015 presented to the court, the suspects were not booked out.
“If a suspect under police detention is interrogated he will have to be booked for having being taken out,” Siyomuinji put to the witness who maintained the three were interviewed whether it is not indicated in the book or not.Iipinge had testified that the accused were interrogated by him, Sergeant Malakia Frederick Nuule and another officer, Romeo Swalisano Libala.
However, allegedly there is no mention made of the two phases of the interrogation, that is, when they were questioned together and then, interviewed one by one, in the statements of the three police officers.
Kenaruzo, appearing for Tjitjahuma, put it to him that she will argue that there is no way his evidence in court can be tested against his evidence in his statement that was disclosed to the defence.
The trial continues.
FRED GOEIEMAN
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