Kashawa Wants Discharge ‘For Lack of Evidence’

A man charged with 21 counts including rape, assault, housebreaking and attempted murder last week asked Judge Alfred Siboleka in the High Court to discharge him for lack of evidence.

The State-appointed lawyer of Pinias Kashawa claims he was at the wrong place at the wrong time when he was shot in the leg by a policeman who was attending to a complaint.

According to Ndapewa Shipopyeni, he (Kashawa) was merely an innocent bystander when a shootout occurred in Okuryangava on April 17, 2010.

However, according to the indictment a 7.65mm pistol, a bolt cutter and a cash box were found next to the accused when he was apprehended at the scene of the crime.

Kashawa already denied all charges against him when he pleaded in March last year.

He faces three counts of housebreaking with intent to rob and robbery, one count of housebreaking with intent to steal and theft, two counts of assault with intent to do grievous bodily harm, two counts of assault by threat, five counts of rape, one count of attempted rape, and two counts of attempted murder, alternatively negligent discharge or handling of a firearm.

In addition, he also faces three counts of pointing of a firearm and one count each of possession of a firearm and ammunition without a licence.

It is alleged in the indictment that Kashawa, armed with a pistol, broke into various houses at Okuryangava, approached the female inhabitants, threatened to shoot and kill them and then raped them.

The first instance was on November 25, 2009 and the second on April 17, 2010, after he broke into a house in One Nation location in Windhoek on April 12, 2010. There he stole a pistol, a magazine with eight rounds, a Nokia 7100 cellphone, a Bloomwaldt phone, one pair of jeans, one wallet and one Namibian ID, according to the indictment.

State Aocate Palmer Khumalo opposed the application and told the court that the State led enough evidence for Kashawa to be put on his defence.

He said that Kashawa was found at the scene of the crime with the firearm and the stolen items right next to him.

Judge Siboleka indicated he would give his ruling on August 27.

Source : New Era