Ruling Reserved On Stoop Murder Admissions

A RULING that should indicate if the State will be allowed to make use of admissions allegedly made by two of the people accused of robbing and murdering an elderly Windhoek resident in his home five years ago is due to be delivered in the Windhoek High Court at the end of March next year.

The delivery of the ruling, which is scheduled for 30 March, will signal the end of a trial within a trial that had to determine if the prosecution would be allowed to use evidence about self-incriminating statements allegedly made by Nelsiene Kauaria (30) and Erwin Kasorere Katjingisiua (30) following their arrest in connection with the death of Windhoek resident Koos Stoop (78).

Judge Alfred Siboleka postponed the trial of Kauaria, Katjingisiua and a brother of the latter, George Tjikuao Katjingisiua (33), for the delivery of his ruling after hearing the last oral arguments in the trial within a trial on Friday last week.

Defence lawyers Louis Karsten and Monty Karuaihe, who are representing Kauaria and Erwin Katjingisiua respectively, have raised objections against the State’s plan to use statements made by the two accused as evidence in their trial.

Katjingisiua is claiming that his rights were not explained to him and he was assaulted before he made a statement to a magistrate and pointed out the scene where Stoop was killed to a senior police officer on 1 September 2009.

He is also claiming that another police officer, who played a part in the investigation of the case, had given him instructions about what he had to relay to the magistrate and when he pointed out the crime scene.

Kauaria has also claimed that her rights were not explained to her before a magistrate in Windhoek recorded a statement that she made on 1 September 2009, that she was coerced to make the statement, and that the statement made by her in Otjiherero was not correctly translated into English.

The three accused are charged with robbing Stoop (78) and murdering him in his flat in Windhoek’s Cimbebasia area during the night of 28 to 29 August 2009.

They have pleaded not guilty to counts of murder, robbery with aggravating circumstances, attempted robbery with aggravating circumstances, and conspiracy to commit robbery.

The prosecution is alleging that a cellphone, a television set, a hair clipper and a car radio were stolen from Stoop during the robbery, while an unsuccessful attempt was made to also steal his car.

Following the delivery of the ruling on the admissibility of the statements made by the two accused, their trial is scheduled to continue from 5 to 8 May and during the week of 12 to 16 October 2015.

The three accused are being kept in custody.

Source : The Namibian