Illness throws arson murder trial off track

By: WERNER MENGES

THE continuing ill health of triple murder suspect Maria Kandingo prevented her murder, attempted murder and arson trial from continuing in the High Court in Windhoek on Tuesday.

Kandingo's trial was scheduled to resume before Judge Kato van

Niekerk following a three-month break in proceedings.

State advocate Rolanda Gertze and defence counsel Bradley Basson

were supposed to address Judge Van Niekerk with their final

arguments on the verdict that is to be delivered on Kandingo's

guilt, or not, on the seven charges against her.

 

Kandingo, 29, and in chronic ill health since the start of her

trial in late May last year, was not at court on Tuesday.

 

Gertze informed the court that a doctor at Rundu, where Kandingo

lives, had reported in writing that Kandingo is in such bad health

that she would not be able to withstand the pressures of attending

a court hearing at the moment.

 

Gertze told the court that she was also informed that Kandingo

is now receiving treatment, and that her doctor expects she would

have regained her strength in about two months.

 

As a result, the hearing of final arguments was postponed to May

16 to 18.

 

Kandingo is facing three charges of murder, three counts of

attempted murder, and a charge of arson in connection with an

incident in which she started a fire in which three people burned

to death at Mururani village on the southern boundary of the

Kavango Region on December 5 2002.

 

At the start of her trial in May last year, Kandingo pleaded

guilty to the arson charge and not guilty to the other six

counts.

 

She offered a guilty plea on three counts of culpable homicide

in respect of the murder charges.

 

She admitted that she had caused the deaths of her

mother-in-law, Selma Kambuki Kasivi (52), and two of Kasivi's

grandchildren, Paulus Kampanza Sinana (4) and Mulweyi Regina Musasa

(2), by setting fire to her mother-in-law's hut.

 

According to Kandingo's plea, she set the hut on fire because

she was feeling angry and helpless about her mother-in-law's

failure to intervene and come to Kandingo's rescue in the abusive

relationship she was trapped in with Kasivi's son.

 

Kandingo claimed that she did not know that there were people

sleeping in the hut that she set alight.

 

She claimed she initially wanted to set fire to the hut where

her husband used to sleep, but she then changed her mind and

decided to set the hut where her mother-in-law used to sleep on

fire.

 

"I felt hurt and wanted to hurt her back by setting fire to her

hut," she stated in her plea explanation.

 

Gertze presented the evidence of 12 State witnesses to the court

before she closed the case for the prosecution in November last

year.

 

Basson closed the case for the defence without calling either

Kandingo or any other defence witnesses to give testimony.

 

Kandingo remains free on a warning from the court.

 

State advocate Rolanda Gertze and defence counsel Bradley Basson

were supposed to address Judge Van Niekerk with their final

arguments on the verdict that is to be delivered on Kandingo's

guilt, or not, on the seven charges against her.Kandingo, 29, and

in chronic ill health since the start of her trial in late May last

year, was not at court on Tuesday.Gertze informed the court that a

doctor at Rundu, where Kandingo lives, had reported in writing that

Kandingo is in such bad health that she would not be able to

withstand the pressures of attending a court hearing at the

moment.Gertze told the court that she was also informed that

Kandingo is now receiving treatment, and that her doctor expects

she would have regained her strength in about two months.As a

result, the hearing of final arguments was postponed to May 16 to

18.Kandingo is facing three charges of murder, three counts of

attempted murder, and a charge of arson in connection with an

incident in which she started a fire in which three people burned

to death at Mururani village on the southern boundary of the

Kavango Region on December 5 2002.At the start of her trial in May

last year, Kandingo pleaded guilty to the arson charge and not

guilty to the other six counts.She offered a guilty plea on three

counts of culpable homicide in respect of the murder charges.She

admitted that she had caused the deaths of her mother-in-law, Selma

Kambuki Kasivi (52), and two of Kasivi's grandchildren, Paulus

Kampanza Sinana (4) and Mulweyi Regina Musasa (2), by setting fire

to her mother-in-law's hut.According to Kandingo's plea, she set

the hut on fire because she was feeling angry and helpless about

her mother-in-law's failure to intervene and come to Kandingo's

rescue in the abusive relationship she was trapped in with Kasivi's

son.Kandingo claimed that she did not know that there were people

sleeping in the hut that she set alight.She claimed she initially

wanted to set fire to the hut where her husband used to sleep, but

she then changed her mind and decided to set the hut where her

mother-in-law used to sleep on fire."I felt hurt and wanted to hurt

her back by setting fire to her hut," she stated in her plea

explanation.Gertze presented the evidence of 12 State witnesses to

the court before she closed the case for the prosecution in

November last year.Basson closed the case for the defence without

calling either Kandingo or any other defence witnesses to give

testimony.Kandingo remains free on a warning from the court.

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