Wife's murder confession admissible

07 March 2018 | Justice

The Windhoek High Court has ruled in a trial-within-a-trial that three murder accused, including the wife of the victim, were of sound and sober mind when they confessed to the crime.

Acting Judge Johanna Sailonga ruled further that Anastancia Nalucha Lubinda (36), David Kondjara (36) and Donald Hindjou (28) made their confessions freely and voluntarily and that she is satisfied that they each had their rights explained to them.

In a dramatic twist, the accused then asked for Sailonga's recusal, who is said to still be a magistrate.

She immediately postponed the matter to 26 March for arguments, which will also be heard from the lawyers of four other accused in the matter.

Lubinda is accused of conspiring with the two men, as well as with David Likando Matali (47) Abiud Uazeua (37) and Dollam Dollam Tjitjahuma (29) to kill her husband, 39-year-old Peter Rischo Muleke in the Goreangab Dam area between 29 and 30 March 2015.

Salionga found that there is a difference between a promise and expectation that Lubinda would be granted bail and a lenient sentence if she made a confession.

She added the investigating officer advised the accused to go to a magistrate, because he cannot take a confession.

The acting judge emphasised that the magistrate correctly proceeded with the confessions and that all the accused were not unduly influenced.

She, however, added the court will consider the replies of the accused in the pre-trial memorandum and agreed with the defence lawyers that it is an issue of credibility, before adding that she intends to deal with it in detail in the main trial.

Regarding the allegations of assault claimed by the three accused, Salionga said the three police officers, who were members of the investigation team on the dates of arrest and during the interviews conducted, denied the claim. She said the police did not observe any injuries to the accused and that they also never informed the magistrate that they were assaulted.

“It is my respective view that the version of Lubinda, Kondjara and Hindjou that they were assaulted before they were taken to make confessions are mere fabrications and I am satisfied beyond reasonable doubt that the accused were not assaulted and gave the confessions freely and voluntarily and without undue influence,” Salionga ruled.


Similar News


Racist laws finally repealed

5 days ago - 15 March 2019 | Justice

The Law Reform and Development Commission (LRDC) has finalised its reports on divorce and the hated red line matrimonial property regime, while also confirming the...

Huang gets court victory

1 week ago - 13 March 2019 | Justice

Chinese businessman Jack Huang has received some relief from the Windhoek High Court in his business dealings with trade unionist Petrus Nevonga and former Swapo...

Sidelined because of politics

1 week ago - 13 March 2019 | Justice

One of the people removed from a mass housing beneficiary list, allegedly in favour of relatives of former Hardap governor Katrina Hanse-Himarwa, says it was...

Joint venture sues for lost profits

1 week ago - 13 March 2019 | Justice

A lawsuit brought by CHICO/Octagon Joint Venture against the Roads Authority is back in the Windhoek High Court. The civil action was filed last September...

Oonakwaadhika niingangamithi taya ningi eindilo lyomboloha

1 week ago - 13 March 2019 | Justice

ILENI NANDJATOOmunangeshefa gwomonooli yoshilongo, Paavo Hatutale (47) pamwe naNicodemus Shekunyenge (21), otaya ka ninga eindilo lyomboloha momasiku 17 gaMei, sha landula etulo lyawo miipandeko...

N$1m dagga bust suspects to apply for bail

1 week ago - 12 March 2019 | Justice

Northern businessmen Paavo Hatutale (47) and his co-accused, Nicodemus Shekunyenge (21), will formally apply for bail on 17 May following their arrest on drug charges...

Beneficiaries rented out Mass Housing homes

1 week ago - 11 March 2019 | Justice

JEMIMA BEUKES The High Court today heard how a relative of former Hardap regional governor Katrina Hanse-Himarwa and a beneficiary of the Mass Housing project,...

Three men face double murder charge

1 week ago - 08 March 2019 | Justice

Three young men from Outjo are behind bars following a double murder in which two men were stabbed to death within 43 minutes.The three were...

Rukoro rejects New York ruling

1 week ago - 08 March 2019 | Justice

The Ovaherero and Nama say they will appeal against the decision of US district judge Laura Swain, who struck from the roll their lawsuit that...

Another Buffalo bar fight in court

1 week ago - 07 March 2019 | Justice

A bar fight at the now infamous Buffalo Recreation Club in Gobabis has resulted in a civil lawsuit in the High Court. Sascha Bergmann...

Latest News

Africa Briefs

1 hour ago | Economics

No end date for Eskom’s power cutsSouth Africa's public enterprises Minister Pravin Gordhan said yesterday he cannot say yet when rolling blackouts will end, as...

Cob plundering suspects nabbed

1 hour ago | Crime

Leandrea Louw Two men arrested on Saturday for allegedly being in possession of 60 large cob made their first appearance in the Walvis Bay Magistrate’s...

Unfinished pipeline impacts 7 000...

1 hour ago | Infrastructure

About 6 932 people and 33 790 large and 18 395 small stock units are facing thirst, as the agriculture ministry battles to finish the...

Apple unveils new iPad, updates...

1 hour ago | Technology

Sonam RaiApple Inc, in a surprise move on Monday, launched a new 10.5-inch iPad Air and updated its iPad Mini ahead of a March 25...

Climate change and productivity

1 hour ago | Agriculture

Climate change is a long-term change in climatic/weather patterns of the earth or region. Such change is observed in temperature and rainfall patterns, amongst others....

Palladium hits record high

1 hour ago | Business

Palladium surged to a record yesterday as the risk of a ban on some Russian exports added to supply concerns for the autocatalyst metal. Spot...

State supports non-compliant security firms

1 hour ago | Business

Employers and trade unions agree that one of the major issues facing the Namibian security services industry is that some government institutions continue to appoint...

Company news in brief

1 hour ago | Business

Steinhoff ex-chairman open to talksFormer Steinhoff chairman and top shareholder Christo Wiese is open to negotiations over his US$4 billion claim against the company, he...

Agri ministry sidesteps timber issues

1 hour ago | Agriculture

The ministry has sidestepped key questions on whether it will re-implement the ban on the export of unprocessed timber until a local value addition processing...

Load More