Avis Dam murder accused deny guilt

TWO men accused of robbing and murdering a Windhoek resident at the city’s Avis Dam in July 2020 have denied guilt on all of the charges they are facing.

Kefas Iileka (35) and Johannes Shetunyenga (33) pleaded not guilty on counts of murder, robbery with aggravating circumstances and attempted murder in the Windhoek Magistrate’s Court on Thursday last week, shortly after magistrate Jozanne Klazen granted them bail in an amount of N$2 000 each.

Iileka and Shetunyenga have been held in custody since their arrest in November 2020, four months after the killing of Windhoek resident Daniele Ferrari (52) at Avis Dam on the eastern side of Windhoek.

Ferrari was robbed and murdered on 14 July 2020, when he was attacked with a panga and stabbed with a knife while visiting the dam, which is a popular spot for walkers. A cell phone, wallet, watch, belt and car keys were allegedly stolen from Ferrari during the attack on him.

Iileka and Shetunyenga are both charged in connection with the incident in which Ferrari was robbed and killed.

They are accused of having attacked another visitor to the dam as well, and of attempting to murder him by hitting him with a panga on the same day that Ferrari was killed.

Iileka is also accused of having robbed a woman at Avis Dam on 10 July 2020, using a knife and screwdriver as weapons during that incident. He denied guilt on that charge, too, on Thursday.

During the same court proceedings, a co-accused of the two men, Muvua Antonio Cheme (27), denied guilt on counts of receiving stolen property and defeating or obstructing the course of justice. Cheme is alleged to have bought Ferrari’s cell phone from Iileka and Shetunyenga, and allegedly disposed of or destroyed the phone after a police officer informed him that it had been stolen from Ferrari.

In the ruling that ended with Iileka and Shetunyenga being granted bail, the magistrate said an accused person should not be kept in custody as a form of anticipatory punishment before they had been convicted.

She added that fears that Iileka and Shetunyenga could flee or interfere with the investigation of their case, or with evidence in the matter, could be addressed by conditions attached to their release on bail.

Klazen noted that according to the state, items stolen from Ferrari were found in Iileka’s room at the time of his arrest. Iileka claimed during his bail hearing that the items had been planted in his room by the police, after he had been questioned for a first time and before his arrest.

The court was informed that cell phone records showed Iileka and Shetunyenga had been in the Avis Dam area around the time that Ferrari was attacked, and that both of them made confessions to a magistrate after their arrest.

However, Iileka claimed a police officer coerced him into making the confession, while Shetunyenga claimed he could not remember what he said to the magistrate and that an interpreter signed the alleged confession on his behalf, Klazen recounted in her ruling.

She added that the state has not shown the alleged confessions are likely to be found admissible when they stand trial, and the statements were also not presented to the court to show that the two accused are likely to be convicted based on their statements.

Klazen granted them bail on condition that they report at Windhoek Central Police Station daily, may not communicate with any state witnesses in an attempt to influence their evidence, and may not interfere with the investigation of their case.

Cheme, who was also arrested in November 2020, was granted bail in an amount of N$5 000 in July last year.

The matter has been postponed to 21 November.

Iileka and Shetunyenga are represented by defence lawyers Gift Kambinda and Enos Mwakondange, respectively, while Eva Maria Nangolo represented Cheme. Public prosecutor Rowan van Wyk appeared for the state.

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