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Monday, August 18, 2008 - Web posted at 8:53:10 AM GMT

Guilty verdict in city mugging murder trial

WERNER MENGES

A DEADLY encounter that took place on a Windhoek street near the end of 2004 returned to haunt a young murder suspect, Smallboy Hindjou, on Friday, when he was found guilty on both charges that he has faced in his trial in the Windhoek Regional Court.

In a judgement delivered by acting Magistrate Christie Mostert, Hindjou (21) was convicted on counts of murder and robbery with aggravating circumstances in connection with the late-night mugging and knife stabbing that claimed the life of the 35-year-old Paul Figaji in Windhoek on December 22 2004.

Figaji died from a stab wound to his neck when he was attacked near the Wika Service Station on Mandume Ndemufayo Avenue after he and two companions had visited the service station shop to buy some late-night drinks and food.

A cellphone valued at about N$2 000 and some N$70 in cash were stolen from Figaji after he had been stabbed.

Hindjou, who was arrested in connection with the killing of Figaji later during the day on December 22 2004, denied the charges.

During his trial he admitted having been at the same service station at about the same time that the stabbing took place nearby, but denied having known of or having been involved in the crimes he was accused of.

Hindjou also confirmed that he had been at the service station shop in the company of a woman, Magdalena Rooi, who was one of the witnesses that testified for the prosecution during the trial.

She told the court that after they had been in the shop, Hindjou came running to her from the southern side of the service station - this was also the direction of the spot where Figaji was attacked - and they ran off from the service station together.

Rooi claimed that Hindjou told her he had just "made sh*t", and that he had blood on his clothes.

He later admitted to her that he had stabbed someone, she further testified.

Hindjou denied all of that.

He also claimed he had been wearing different clothing than the blue shirt and jeans that Rooi said he was dressed in that evening.

Another witness who was with Figaji, Loretta Esterhuizen, however also said she had seen Hindjou dressed in a blue shirt and jeans that evening.

A friend of Figaji, Marius Mostert, who had witnessed the attack on Figaji from some 20 metres away, told the court the assailant was wearing a light blue shirt and trouser, the Magistrate recounted in his judgement.

Mostert also said the assailant was wearing a hat, whereas Rooi told the court that Hindjou was not wearing a hat that evening.

Mostert's evidence on that score appears to have been a mistake, the Magistrate commented.

He said he could find no indication why Rooi, who was on good terms with Hindjou and was still found playing cards with him when the Police tracked him down in order to arrest him, would have decided to falsely incriminate him.

As a witness, Rooi made a good impression on him, and he concluded that she was a reliable witness, the Magistrate said.

The only inference that could be drawn from the evidence was that Hindjou was the person who stabbed Figaji and robbed him, the Magistrate also said.

He further found that Hindjou had a direct intention to kill when he stabbed Figaji in the neck.

Hindjou's trial is scheduled to continue on August 28 with the hearing of possible further evidence and legal arguments before he is sentenced.

Public Prosecutor Brownwell Uirab conducted the prosecution against Hindjou, who is represented by defence lawyer Monty Karuaihe.

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