Lengthy delay in murder case

The case against five men accused of killing Walvis Bay businessman Hans Jorg Möller has been postponed to 24 October. The accused appeared before Magistrate John Sindano in Walvis Bay last week.He granted a final postponement and said he would not grant the State another postponement. “There is no evidence on record indicating culpability of the accused for the crime at this stage,” he said.“The basis on which the accused were arrested and the allegations levelled against them are serious. The case is unique. It concerns the community and is treated as special. “At this stage the case has been on the court roll for 17 months, has run out of its lifespan and cannot be postponed. It is also true that every postponement should be supported by reasons.”Sindano also said that there were two competing interests and pointed out that the right to be presumed innocent until proven guilty was in favour of the accused, while the interest of society and the law requires that serious criminal offenders should stand trial and be punished. “After 17 months there is however no indication at this stage how the trial will proceed and I accept that there is reason for this predicament which has to do with competence and experience at various levels. “The accused were arrested and appeared in court in Walvis Bay. We rely on a prosecutor based in Swakopmund who in turn relies on someone else and I accept that the docket is with an advocate in Windhoek.” State prosecutor Theresia Hafeni requested the postponement. She informed the court that the case was placed on the court role in anticipation of a decision from the prosecutor-general and said the pending decision had not been received yet. “The case was assigned to the PG on 22 June 2017 and returned on 31 July. The docket is with the office of the PG in Windhoek currently. The PG indicated that another month is needed for a decision to be made. The involved stakeholders are working together to ensure a speedy trial,” she said.Hafeni said the accused were habitual offenders with multiple schedule-one offences on their records and for this reason and the fact that they could flee bail was opposed. She also pointed out that the community of Walvis Bay had a huge interest in the case from day one. Lawyer Mpokiseng Dube, who represents David Tashiya (29) and David Shekundja (35) and also stood in for Panduleni Gotlieb (30) represented by Asnath Kashipara, objected to any further postponement being granted. He requested that the accused be released on bail in line with Chapter 3 and Section 12 of the Namibian Constitution and said if the court refused bail it should also refuse the further postponement of the matter requested by the State.“The record reflects that plea was recorded on 15 June 2017, three months ago. The facts of this matter are very unique and the State classes it as serious. The community of Walvis Bay has also shown interest in how this matter progress with community members protesting against bail being granted on every appearance. The norm is usually to institute prosecutor guidance from the office of the PG directly.” Dube reminded the court that the first accused was arrested on 18 June 2016 and said from that date over a year has lapsed due to prosecutor-guided investigations.Lawyer Albert Titus, who represents Elly Ndapuka Hinaivali (29) and Malakia Shiweda (28), concurred with Dube and reiterated that the State did not give any reason at all why another postponement should be granted. Möller was shot in the stomach while trying to protect his wife, Carol-Ann Sowden Möller, and their two children, aged six and four years, during an armed robbery at the family's home in Walvis Bay in June 2016. The accused pleaded not guilty on charges of murder, attempted murder, possession of an illegal firearm and ammunition, and robbery during a previous appearance before the Walvis Bay Magistrate's Court in June 2017.OTIS FINCK

Lengthy delay in murder case

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Namibian Sun 2025-09-04

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Lengthy delay in murder case

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Namibian Sun 2025-09-04

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