Fatal attraction leads to murder

MORE than 13 months after the start of his trial in the High Court in Windhoek, Katima Mulilo resident Morris Mazila Sibitwani heard yesterday that he has been convicted of murder in connection with the bloody death of his former girlfriend almost five years ago.

Sibitwani, a 29-year-old, unmarried father of two children, is set to be sentenced by Acting Judge Annel Silungwe today. Acting Judge Silungwe yesterday found him guilty of murder with a direct intent to kill.Sibitwani stood trial on a charge that he had murdered his former girlfriend, Happy Mulela Kabajani (20), at Katima Mulilo on April 19 2003.He pleaded not guilty to that charge when his trial started before Acting Judge Silungwe on February 5 last year.Kabajani was found lying dead in a footpath connecting Katima Mulilo’s Nambweza and New Look areas on the morning of April 19 2003.She had been stabbed ten times with a sharp object, with six of these stab wounds inflicted to her chest, it was later established when a post-mortem examination was carried out on her body.Kabajani had left her house at Katima Mulilo with Sibitwani earlier on the morning that she was found killed.According to Sibitwani, he had walked with her for about 200 metres, and they parted ways when they reached a junction from where they each went in a different direction.Sibitwani was found at Lusu, a village about 50 kilometres south of Katima Mulilo, on the evening of April 20 2003, according to testimony that Acting Judge Silungwe heard during the trial.On trousers found with him, blood spots that were later matched to be the same blood group as Kabajani’s, were found.In a pocket of the trousers that Sibitwani was wearing at the time, a handwritten letter, addressed to “brother Mike” and signed as coming from “Mazila”, were also found.Sibitwani denied having written this letter – but this denial was rejected in the judgement delivered yesterday.Acting Judge Silungwe quoted the two-page letter in full in his judgement.”The problem has come and there is no ways to stop it,” the letter starts.”If the girl has died I will also kill myself, I loved the girl very much and I don’t see any reason off (sic) remaining here to suffer in prison for a long time.If there (sic) girl is still alive and there is a possibility for her to recover I can hand myself to the police or either disapear (sic) somewhere.”Towards its end, the letter read: “I will stop here.I will wish I was going to marry that girl, I loved her and now every thing has come to an end.”In a purse that lay next to Kabajani’s body at the scene where she was found dead, another handwritten letter, addressed to “Mazila” and signed by “H Kabajani”, was discovered, Acting Judge Silungwe also noted in his judgement.The message of this letter was clear: it was written to inform the intended recipient that the writer no longer loved him and that the relationship between the writer and the recipient was officially over.On the evening before Kabajani’s death, Sibitwani had been at her house, where Kabajani had him removed from the house, Acting Judge Silungwe also heard during the trial.Having been taken out of the house, Sibitwani then was seen approaching Kabajani, grabbing her by her blouse with one hand, pulling her towards him, and carrying out a stabbing motion with his other hand.Kabajani managed to jump back, and Sibitwani was restrained and a knife was taken off him when people intervened.Acting Judge Silungwe also recounted that shoe tracks found at the scene where Kabajani was found dead were similar to the tracks made by the sandals that Sibitwani was still wearing when he was arrested at Lusu.The court further heard testimony that on the morning after his arrest, Sibitwani gave the Police directions to the spot where a knife with which Kabajani was suspected to have been killed was then found.It was later established that blood found on this knife was of the same type of blood group as Kabajani’s and as the blood found on Sibitwani’s trousers.The cumulative totality of the evidence is overwhelming against Sibitwani’s defence that he had not been at the scene where Kabajani was killed, Acting Judge Silungwe concluded.He added that the evidence before the court provided ample circumstantial evidence from which the only reasonable inference that could be drawn was that Sibitwani killed Kabajani.The killing had clearly been premeditated, Acting Judge Silungwe said.Defence lawyer Titus Mbaeva is representing Sibitwani.Prosecutor Johan Pienaar is for the State.Acting Judge Silungwe yesterday found him guilty of murder with a direct intent to kill.Sibitwani stood trial on a charge that he had murdered his former girlfriend, Happy Mulela Kabajani (20), at Katima Mulilo on April 19 2003.He pleaded not guilty to that charge when his trial started before Acting Judge Silungwe on February 5 last year.Kabajani was found lying dead in a footpath connecting Katima Mulilo’s Nambweza and New Look areas on the morning of April 19 2003.She had been stabbed ten times with a sharp object, with six of these stab wounds inflicted to her chest, it was later established when a post-mortem examination was carried out on her body.Kabajani had left her house at Katima Mulilo with Sibitwani earlier on the morning that she was found killed.According to Sibitwani, he had walked with her for about 200 metres, and they parted ways when they reached a junction from where they each went in a different direction.Sibitwani was found at Lusu, a village about 50 kilometres south of Katima Mulilo, on the evening of April 20 2003, according to testimony that Acting Judge Silungwe heard during the trial.On trousers found with him, blood spots that were later matched to be the same blood group as Kabajani’s, were found.In a pocket of the trousers that Sibitwani was wearing at the time, a handwritten letter, addressed to “brother Mike” and signed as coming from “Mazila”, were also found.Sibitwani denied having written this letter – but this denial was rejected in the judgement delivered yesterday.Acting Judge Silungwe quoted the two-page letter in full in his judgement.”The problem has come and there is no ways to stop it,” the letter starts.”If the girl has died I will also kill myself, I loved the girl very much and I don’t see any reason off (sic) remaining here to suffer in prison for a long time.If there (sic) girl is still alive and there is a possibility for her to recover I can hand myself to the police or either disapear (sic) somewhere.”Towards its end, the letter read: “I will stop here.I will wish I was going to marry that girl, I loved her and now every thing has come to an end.”In a purse that lay next to Kabajani’s body at the scene where she was found dead, another handwritten letter, addressed to “Mazila” and signed by “H Kabajani”, was discovered, Acting Judge Silungwe also noted in his judgement.The message of this letter was clear: it was written to inform the intended recipient that the writer no longer loved him and that the relationship between the writer and the recipient was officially over.On the evening before Kabajani’s death, Sibitwani had been at her house, where Kabajani had him removed from the house, Acting Judge Silungwe also heard during the trial.Having been taken out of the house, Sibitwani then was seen approaching Kabajani, grabbing her by her blouse with one hand, pulling her towards him, and carrying out a stabbing motion with his other hand.Kabajani managed to jump back, and Sibitwani was restrained and a knife was taken off him when people intervened.Acting Judge Silungwe also recounted that shoe tracks found at the scene where Kabajani was found dead were similar to the tracks made by the sandals that Sibitwani was still wearing when he was arrested at Lusu.The court further heard testimony that on the morning after his arrest, Sibitwani gave the Police directions to the spot where a knife with which Kabajani was suspected to have been killed was then found.It was later established that blood found on this knife was of the same type of blood group as Kabajani’s and as the blood found on Sibitwani’s trousers.The cumulative totality of the evidence is overwhelming against Sibitwani’s defence that he had not been at the scene where Kabajani was killed, Acting Judge Silungwe concluded.He added that the evidence before the court provided ample circumstantial evidence from which the only reasonable inference that could be drawn was that Sibitwani killed Kabajani.The killing had clearly been premeditated, Acting Judge Silungwe said.Defence lawyer Titus Mbaeva is representing Sibitwani.Prosecutor Johan Pienaar is for the State.