Child-murder accused claim rights not explained

A Married couple accused of murdering a nine-year-old girl in Windhoek in January 2020 are claiming police officers did not inform them of their rights before statements about their case were taken from them.

“Basically it was just insults,” Zimbabwean citizen Edward Nkata told judge Philanda Christiaan in the Windhoek High Court yesterday, while recounting his arrest at a police roadblock between Okahandja and Otjiwarongo near the end of January 2020.

Nkata said police officers at the roadblock insulted him by referring to “fckng Zimbabweans”, and one of the police officers assaulted him by punching his jaw.

In contrast to testimony a senior police officer gave before Christiaan previously, Nkata said his rights – including the rights to remain silent and to get legal representation – were not explained to him when he was arrested at the roadblock.

He also denied that he was informed of the reason for his arrest.

Nkata (42), his wife, Caroline Nkata (41), and a third accused, Rachel Kureva (42), are standing trial in connection with the death of Kureva’s Akundaishe Chipomho (9).

All of the three accused are Zimbabwean citizens.

The state is alleging that Akundaishe was murdered in Windhoek during the period of 23 to 25 January 2020, and that her body was placed in a rubbish skip in the Rhino Park area of Windhoek North and set on fire in an attempt to hinder a police investigation into her death.

It is alleged that Akundaishe died after she had been assaulted at the flat in the Rhino Park area where she lived with her mother, the Nkata couple and their children.

A medical doctor who carried out an autopsy on her body has told the court that Akundaishe died due to head injuries.

The three accused denied guilt on all of the charges they are facing – including a count of murder, two counts of attempted murder and a charge of defeating or obstructing the course of justice – when their trial began in June last year.

Christiaan is currently hearing testimony in a trial within a trial to determine if the prosecution will be allowed to use statements allegedly made by the accused as evidence in their trial.

In his testimony, Nkata recounted that the police vehicle in which he was being transported after his arrest was involved in an accident that left him with a broken hand and injuries to his back and head.

He was under police guard in a hospital in Windhoek when a group of five or six police officers visited him on 3 February 2020, he said.

“As usual, there were insults,” Nkata said, adding that one of the officers told him, “talk now, or else we will show you”.

Nkata denied that he made a statement to the police officers and signed a statement recorded by one of them, saying his right hand was broken and he could not write with it at that time.

He was also not informed of his rights, Nkata said.

A police officer recorded a second statement from Nkata three days after the first, the court has been told.
Nkata denied that he made that statement as well.

Caroline also testified yesterday that she was insulted by a police officer who was present at the roadblock where she and her husband were arrested.

She said the officer made remarks about “fckng Zimbabweans” coming to Namibia to commit crimes, and accused her of killing Akundaishe and burning her body.

The officer did not explain her rights to her, she said.

“Because I was scared, I told him what happened,” she added.

The trial is scheduled to continue tomorrow.
All three of the accused are being held in custody.

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