‘Unethical’ Nakanduungile denied bail in prosecutor acid attack case

A packed Ondangwa Magistrate’s Court fell into deafening silence yesterday as magistrate Mutwa Lutaka finally delivered – after three successive postponements – denial of bail against Fillemon Nakanduungile, the controversial medical doctor accused of having a hand in the brutal and fatal revenge attack on late state prosecutor Justine Shiweda.

Nakanduungile, the sixth accused in a case that has gripped the nation, stood motionless as the lengthy ruling was read. Dressed in a cream hoodie and red sweatpants, he remained on his feet throughout the proceedings.

The public gallery was filled to capacity with members of the public, media and family members of both the disgraced medical practitioner and the victim’s family. A heavy police presence surrounded the courtroom, with armed officers maintaining a tight perimeter.

The ruling follows bail hearings held in January in a matter magistrate Lutaka described as a direct assault on the rule of law.

Nakanduungile faces six charges, including murder, conspiracy to commit murder and money laundering. The State alleges he acted as a key facilitator for co-accused, former police officer Abner ‘Kapilili’ Mateus, the alleged mastermind behind the attack on Shiweda on 17 October 2025.

Shiweda was shot multiple times and doused with acid in the presence of her children. Prosecutors allege the attack was orchestrated because she had previously opposed bail for Mateus in another matter.

In dismissing the application, Lutaka found that the State had established a strong prima facie case against the doctor. While the defence argued that Nakanduungile was merely a peripheral figure whose relationship with Mateus was limited to medical care, the court rejected that characterisation.

Investigating officer, detective chief inspector Antonio Gabriel, testified that Nakanduungile’s residence was allegedly used as a base in the planning of the attack. Evidence before the court indicated that the doctor communicated with Mateus four to five times daily, discussions said to extend beyond medical advice to include business dealings.

“The relationship between the applicant and [Mateus] was not an ordinary doctor–patient relationship,” Lutaka stated.

The magistrate also noted that Nakanduungile admitted receiving funds linked to Mateus through his daughter’s bank account.

Flight risk concerns

A significant factor in the court’s decision was the doctor’s frequent travel to Angola.

Evidence showed that Nakanduungile crossed the border three to four times a week. On 22 October 2025, he was apprehended after re-entering Namibia from Angola through an ungazetted crossing point.

The court found that his use of unofficial border routes, coupled with his business interests in Angola, heightened the risk of absconding.

“Given the nature of the Namibian border, nothing would stop him if he wanted to leave the country,” Lutaka observed, echoing the investigating officer’s assessment.

Professional conduct questioned

The court also considered evidence relating to Nakanduungile’s professional conduct. Investigators testified about additional allegations, including medical aid fraud and the manipulation of diagnoses.

Magistrate Lutaka remarked that such conduct appeared “unethical” and bordered on professional malpractice. While these allegations are separate from the charges before court, they weighed into the broader assessment of the accused’s credibility and respect for legal processes.

Public interest paramount

Ultimately, the court found that the public interest outweighed the applicant’s right to liberty pending trial.

In terms of Section 61 of the Criminal Procedure Act, a court may deny bail where release would prejudice the administration of justice.

Lutaka emphasised that Shiweda had been targeted specifically for carrying out her duties as a public prosecutor.

“An attack on a public prosecutor is not merely a crime against an individual, but a direct threat to the administration of justice and the rule of law,” he said.

Nakanduungile – who was moved from Ondangwa police holding cells to the Grootfontein correctional facility amid allegations that a plan was being hatched to escape the northern custodial facility - was escorted back to the holding cells under heavy guard as proceedings adjourned.

The matter was postponed to 16 March, when Nakanduungile and his co-accused are expected to return to court for the scheduled appearance.

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