Two men accused of robbing and murdering a Windhoek resident at the city’s Avis Dam outdoor recreation area in July 2020 voluntarily made confessions after their arrests, two magistrates testified in the Windhoek High Court this week.
Magistrate Helvi Shikalepo and retired magistrate Alweendo Venatius both told judge Naomi Shivute that murder and robbery accused Iileka Kefas and Johannes Shetunyenga did not report that they had been threatened or influenced to make alleged confessions when statements made by them were recorded in writing on 25 November 2020.
Kefas (39) and Shetunyenga (37) are disputing that they made confessions freely and voluntarily, pointed out the scene of the crimes they are alleged to have committed and made warning statements to the police after their arrests.
The two men and a third accused, Antonio Cheme (30), are charged 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 Avis Dam 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 when their trial started before Shivute in December 2024. The charges include a count of murder, two counts of robbery with aggravating circumstances, and charges of attempted murder and assault with intent to do grievous bodily harm.
Venatius testified on Monday that he explained Kefas’ right to legal representation, including the right to apply for state-funded legal aid, to him before he recorded a statement that Kefas made on 25 November 2020.
Venatius said Kefas told him he wanted to make a statement without being represented by a lawyer.
Kefas told him he had not been assaulted or threatened with assault to persuade him to make a statement, and had not been told by somebody else what to say in his statement, Venatius said.
Kefas said he had been at the scene where the incident that led to his arrest took place, but did not know that someone was stabbed there, Venatius recorded.
Venatius said Kefas further told him “the other person I was with at the scene had informed me that it is like he stabbed him”.
Shikalepo testified on Tuesday that after she had explained his right to legal representation and to apply for legal aid to Shetunyenga, he said: “I want to talk about what landed me here.”
Shikelepo said Shetunyenga also told her he had not been influenced or encouraged by anyone to make a statement, and said: “I have to speak because it is what I did that brought me here.”
“He didn’t give off that impression that he was narrating a story that somebody else told him,” Shikalepo remarked.
The trial is continuing.
The three accused have all been released on bail following their arrests.
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