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Tuesday, August 19, 2008 - Web posted at 8:05:04 AM GMT Okahandja strangler gets off on robbery charge WERNER MENGESTHE man who has admitted that he strangled a cross-dressing Okahandja resident to death in early 2005 was yesterday found not guilty on an additional charge of robbery with aggravating circumstances. |
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The trial of Michael Kalola (32) started before Magistrate Dinnah Usiku in the Windhoek Regional Court on November 19 last year with Kalola pleading guilty to a charge of murder, but denying guilt on a second charge of robbery with aggravating circumstances. Delivering her judgement in the trial yesterday, Magistrate Usiku found Kalola not guilty on the robbery charge, and instead convicted him of theft. Kalola has admitted that he murdered 41-year-old Carl Aron Carstens at Okahandja on February 16 2005. Carstens was strangled in his home with an electric cable. He was found dead in the bathroom of the house where he was living with his brother, the Magistrate heard during the trial. Carstens, who was a man who lived as a woman, was wearing a red floral-patterned dress when his body was found. A duvet cover had been placed over his body and a cloth over his face, while an electric cable was still twisted around his neck. Kalola was arrested on February 23 2005, after a cellphone stolen from Carstens's house at the time of the murder was traced to him. In his plea at the start of his trial, Kalola admitted that he had strangled Carstens. Kalola also admitted that he took a range of goods - including a video cassette recorder, a cellphone, a radio, four pairs of golden earrings, three silver necklaces and 14 tubes of lipstick - from Carstens, but denied that he had strangled Carstens with the intention of taking these goods from him. He further claimed Carstens had owed him N$400. In her judgement, Magistrate Usiku said none of the witnesses could tell the court whether the goods that Kalola admitted taking were removed before or after Kalola had killed Carstens. She noted that robbery was defined as theft that is accompanied by violence or threats of violence against the victim. As such, robbery is a crime that is directed against a living person. According to Kalola, Carstens had already died when he decided to take the goods from Carstens's house, the Magistrate also noted. She remarked that it seemed to her that Kalola's explanation regarding his removal of the goods from Carstens's house was quite reasonable. As a result, she acquitted him on the robbery charge, but convicted him of theft. The trial is scheduled to continue into its sentencing phase today. Public Prosecutor Karin Esterhuizen is prosecuting. Kalola, who remains in custody, is represented by defence lawyer Profysen Muluti. |
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