Accused Says He Was Coerced to Make Confession

The third accused in the ongoing trial-within-a-trial in the Stoop murder case – in order to determine the admissibility of a pointing out and confession he made – on Tuesday concluded his testimony in the Windhoek High Court.

Erwin Kasorere Tjiueza Katjingisua, 29, stuck to his story that he never made any admissions freely and voluntarily. Kasorere, his elder brother, 30-year-old George Tjikuao Katjingisua and 28-year-old Nelsiene Utiapatie Kauaria face charges of murder, robbery with aggravating circumstances, attempted robbery with aggravating circumstances and conspiracy to commit robbery with aggravating circumstances. The State alleges the trio during the period 28 to 29 August 2009 killed 78-year-old Gideon Johannes (Koos) Stoop at his flat at Erf 304, Shilunga Street in Cimbebasia, a suburb of Windhoek.

The accused told the court he was assaulted “continuously” and was told he would only be freed if he followed certain “instructions”. These instructions included making a “confession” to a magistrate and a pointing out to Chief Inspector Hermias van Zyl. He said it was because of the agreement he reached with Sergeant Billy Kamusuvise that he followed the instructions. While State Prosecutor Antonia Verhoef tried her level best to unsettle Kasorere, he remained cool and stuck to his guns. In fact he told the court “what you see is what you get” and that he does not change his mind. “I am always this way,” he told Verhoef when she asked him what his demeanour was during the interrogation, pointing out and the alleged confession. The magistrate who took down Kasorere’s statement already testified that the accused was normal and seemed “streetwise” when he spoke to her.

According to Kasorere, he just followed instructions and told the magistrate what he was told to say when he made the so-called confession. During earlier evidence it came to the fore that he went to the residence of Stoop to collect the belongings of the main accused, Kauaria. According to him, Kauaria asked him to help her remove her belongings from Stoop’s residence, whom she described as her ex-boyfriend. Evidence suggests Kauaria told him Stoop chased her from his home and that she needed help to remove her items including her TV set. Kasorere then allegedly got hold of a taxi and went to the residence of Stoop with his brother and Kauaria. Once he arrived there he only removed the TV, but has no knowledge of the murder, according to evidence.

During the main trial the taxi driver, Nahasan Kaahangoro testified he was approached by Kasorere during the night of 28 August, 2009 at around 19h00 in Exodus Street in Katutura. He told the court that Kasorere, as he referred to Accused 3 throughout his testimony, wanted to hire his taxi to pick up two more people at “Willy’s Bar” in Katutura. He narrated how they then went to the bar and picked up Accused 1, whom he saw for the first time that evening and Kasorere’s elder brother whom he recognised as George Tjikuao Katjingisua. He told the court that he drove them to Cimbebasia following Kauaria and a man “whitish” in colour, who was driving a red Mazda, where he left them. The trial-within-a-trial has now been remanded to Friday 15 August for submissions of the admissibility of the statements. By Roland Routh

Source : New Era