Murder confessions allowed as evidence

ALLEGED confessions and other self-incriminating statements made by the two men accused of robbing and murdering a German flight instructor in Windhoek at the end of 2005 have been ruled admissible as evidence in their trial.

The ruling given by Judge Nate Ndauendapo in the High Court in Windhoek on Friday last week brings to a close a drawn-out trial within a trial on the admissibility of the alleged confessions and of evidence about scenes claimed to have been pointed out by the two charged men.Judge Ndauendapo ruled that the State will be allowed to use the confessions made by Dumingu Zuzee Da Costa on January 4 2006 and made by Joseph Wasuka Nunda on January 5 2006, and evidence about scenes which Da Costa pointed out to a Police officer on January 6 2006 and which Nunda pointed out on January 5 2006, as evidence in the men’s trial.Da Costa (42) and Nunda (36) have already spent more than six and a half years in custody. Their trial, which started in September 2009, has been dragged out by a change of defence lawyers representing Da Costa and by a trial within a trial about the admissibility of evidence which the prosecution wanted to place before the court.Da Costa and Nunda are accused of having murdered a German national, Ralph Köhnke (34), who was working as a flight instructor at a flying school in Windhoek, at his house in the city on December 26 2005.They are also accused of having robbed Köhnke by stealing a car, an unknown amount of money, a safe, two firearms, a computer and other goods from him.Except for being charged with murder and robbery with aggravating circumstances, Da Costa and Nunda are facing a further count of defeating or obstructing the course of justice, or attempting to do so, and an alternative charge of violating a dead human body.That third charge is based on an allegation that after Köhnke had been killed by being beaten with a brick and other, unknown objects on his head and body, his body was removed from his house and transported to the Goreangab Dam area, where it was dumped and set on fire in an attempt to destroy evidence and frustrate an investigation into his death.Da Costa and Nunda have pleaded not guilty to all charges.Their trial is now scheduled to continue from September 10, and also during October.The contents of their alleged confessions and evidence about the scenes pointed out by the two men are expected to be revealed to the court when the trial continues.Da Costa is now being represented by Christian Nambahu. Defence counsel Winnie Christians is representing Nunda. Deputy Prosecutor General Belinda Wantenaar is prosecuting.