One of the men accused of robbing and murdering a Windhoek resident at the city’s Avis Dam in July 2020 is claiming that no police officer has ever informed him of his constitutional rights.
According to Johannes Shetunyenga (37), his rights were not explained to him by any police officer from the time of his arrest in November 2020 until now, Shetunyenga’s defence lawyer, Enos Mwakondange, said while questioning a police officer, detective chief inspector Simeon Nghilalulwa, in the Windhoek High Court on Wednesday.
Nghilalulwa disputed Shetunyenga’s claim. He said he informed Shetunyenga of his right to remain silent, his right to have legal representation and the right to apply for legal aid, before Shetunyenga said he wanted to make a statement to explain what happened on the day of the incident about which he was questioned by the police.
Nghilalulwa testified in a trial within a trial about the admissibility of alleged confessions made by Shetunyenga and a co-accused, Iileka Kefas (39), and evidence about scenes allegedly pointed out by the two accused in November 2020.
Kefas, Shetunyenga and a third accused, Antonio Cheme (31), are being prosecuted in connection with a fatal armed robbery at Avis Dam in Windhoek on 14 July 2020.
Windhoek resident Daniele Ferrari (52) was killed when he was stabbed with a knife or knives and also hit with a panga during the robbery.
It is alleged that a cellphone, wristwatch, wallet, leather belt and two sets of keys were stolen from Ferrari when he was violently attacked and robbed during a visit to the dam.
Kefas, Shetunyenga and Cheme are also accused of robbing a woman who visited the dam in the Avis area of Windhoek on 10 July 2020.
A cellphone, wristwatch and earphones were taken from the woman when she was robbed by three men.
The three accused denied guilt on seven charges, including counts of murder, attempted murder and robbery with aggravating circumstances, when their trial started before judge Naomi Shivute in December 2024.
Mwakondange and Kefas’ defence lawyer, Mbanga Siyomunji, informed Shivute in February this year that their clients are objecting to the state’s use of alleged confessions and evidence about scenes allegedly pointed out by them as evidence in their trial.
Siyomunji said according to Kefas, he was beaten and tortured by a police officer and instructed what to say in the alleged confession he made to a magistrate.
Mwakondange also said Shetunyenga is alleging his rights were not explained to him, he was assaulted by police officers, and a police officer instructed him what to say to the magistrate who recorded his alleged confession.
Nghilalulwa told the court that when Kefas was questioned he admitted he had knowledge about the incident in which Ferrari was killed, that he was present at Avis Dam at that time, assaulted Ferrari by hitting him with a panga, and stole items including a cellphone, wallet, watch and belt from Ferrari.
After he had been informed of his rights, Shetunyenga said he wanted to make a statement to explain what happened on the day in question, Nghilalulwa also said.
The trial is scheduled to continue on 24 November.
All three of the accused have been granted bail.
State advocate Ethel Ndlovu is representing the prosecution.
