Threats made me confess: suspect

“I WAS scared to death.”

So claimed child rape and murder suspect Lesley Kukame in the High Court in Windhoek this week, when he testified before Judge Kato van Niekerk in a bid to prevent evidence about an alleged confession and admissions that he made to Police officers in early 2005 from being accepted as evidence in his trial. Kukame returned to the dock shortly before the trial was adjourned at the end of the day’s proceedings yesterday afternoon.He had spent yesterday and most of Monday on the witness stand, giving evidence about the reasons for the objection that his defence counsel, Ivo dos Santos, raised on Tuesday last week against an alleged confession and various admissions by Kukame being presented to the Judge as evidence in his trial.Kukame (27) has pleaded not guilty to charges of abduction, alternatively kidnapping, rape and murder.He is accused of having abducted a three-and-a-half-year-old girl, who may only be identified as M, from a house in Independence Avenue in Katutura between February 7 and 10 2005.He is also accused of having raped and murdered her during that time.M was found dead in a small room attached to the disused Katutura Cinema Hall, which is next to the house where the girl had gone missing from, on February 10 2005.Kukame had been stationed at the Cinema Hall as a daytime security guard in the time that M was missing.Dos Santos has told Judge Van Niekerk that he objected to the alleged confession and admissions being presented as evidence in the trial because the statements were not made freely and voluntarily.Kukame was also denied his right to legal representation, Dos Santos said.Kukame told the Judge yesterday and on Monday that he went through a robust interrogation session with Police officers on February 10 2005.He was sworn at, repeatedly told that he would be made to talk that day, and handcuffed in a painful position, with his one arm reaching over his shoulder and down his back, and his other arm bent upwards behind his back so that his two hands could meet at his back, he said.”I hurt terribly,” Kukame said.He told the Judge that one of the officers questioning him, Warrant Officer Geoffrey Scott, swore at him at one stage, slapped his face, and told him: “Yes, you will talk.We will make you talk.”Scott denied treating Kukame in such a rough manner when he testified before Judge Van Niekerk last week.Kukame said he was locked up for the night after going through that experience.The next day, he said, he was still terrified as a result of the previous evening’s happenings.”I was scared to death,” Kukame said.On February 11 2005, Kukame said, he agreed that he could be taken to see former Detective Chief Inspector Nelius Becker, who at that stage was running his own company, to undergo a lie detector test.Kukame claimed he was scared of the officers who had been questioning him, and thought that if he did not agree to do what they suggested, even worse things would be done to him.Becker informed him of his rights to legal representation, Kukame said.He also added though that he did not understand that he actually had the right to be represented by a lawyer when he was making statements before a trial.After Becker had completed a polygraph examination on him, he made an oral statement to Becker, Kukame told the Judge.Becker then gave him a pen and paper, and he also wrote a statement in his own hand, Kukame added.After that, he was taken to see another Police officer, Chief Inspector Peter Oelofse, where he made an alleged confession, Judge Van Niekerk heard.That was on February 11 2005.Oelofse testified on Monday that he informed Kukame of his rights – including the right to legal representation – before he proceeded to write down what Kukame had to say about his alleged involvement in M’s death.One of the questions that Oelofse asked Kukame before writing down the alleged confession, was: “Do you want legal representation?” “Yes,” Kukame answered according to Oelofse.Oelofse did not stop the process there in order to give Kukame an opportunity to actually get legal representation before making the statement.He instead continued asking Kukame further questions, including whether Kukame wanted to make a statement – Kukame answered yes to this – and whether Kukame had been influenced or encouraged by anyone to make a statement.”No, it is out of my own will,” Kukame answered, according to what Oelofse wrote down at the time.Under cross-examination from State advocate Dominic Lisulo yesterday, Kukame claimed that he did not confess out of his own will.At the same time, though, no one told him what he had to say to Oelofse, he said.Kukame also confirmed that Oelofse had informed him, before he made the statement, that he did not have to fear anything, that he could speak openly, and that if necessary, he could be given protection against any irregularity.He believed Oelofse when the latter told him this – and yet he did not report to the Chief Inspector the alleged threats and rough treatment that he had received previously, Kukame acknowledged.He was still too scared, Kukame claimed.The trial is set to continue today.Kukame returned to the dock shortly before the trial was adjourned at the end of the day’s proceedings yesterday afternoon.He had spent yesterday and most of Monday on the witness stand, giving evidence about the reasons for the objection that his defence counsel, Ivo dos Santos, raised on Tuesday last week against an alleged confession and various admissions by Kukame being presented to the Judge as evidence in his trial.Kukame (27) has pleaded not guilty to charges of abduction, alternatively kidnapping, rape and murder.He is accused of having abducted a three-and-a-half-year-old girl, who may only be identified as M, from a house in Independence Avenue in Katutura between February 7 and 10 2005.He is also accused of having raped and murdered her during that time.M was found dead in a small room attached to the disused Katutura Cinema Hall, which is next to the house where the girl had gone missing from, on February 10 2005.Kukame had been stationed at the Cinema Hall as a daytime security guard in the time that M was missing. Dos Santos has told Judge Van Niekerk that he objected to the alleged confession and admissions being presented as evidence in the trial because the statements were not made freely and voluntarily.Kukame was also denied his right to legal representation, Dos Santos said.Kukame told the Judge yesterday and on Monday that he went through a robust interrogation session with Police officers on February 10 2005.He was sworn at, repeatedly told that he would be made to talk that day, and handcuffed in a painful position, with his one arm reaching over his shoulder and down his back, and his other arm bent upwards behind his back so that his two hands could meet at his back, he said.”I hurt terribly,” Kukame said.He told the Judge that one of the officers questioning him, Warrant Officer Geoffrey Scott, swore at him at one stage, slapped his face, and told him: “Yes, you will talk.We will make you talk.”Scott denied treating Kukame in such a rough manner when he testified before Judge Van Niekerk last week.Kukame said he was locked up for the night after going through that experience.The next day, he said, he was still terrified as a result of the previous evening’s happenings.”I was scared to death,” Kukame said.On February 11 2005, Kukame said, he agreed that he could be taken to see former Detective Chief Inspector Nelius Becker, who at that stage was running his own company, to undergo a lie detector test.Kukame claimed he was scared of the officers who had been questioning him, and thought that if he did not agree to do what they suggested, even worse things would be done to him.Becker informed him of his rights to legal representation, Kukame said.He also added though that he did not understand that he actually had the right to be represented by a lawyer when he was making statements before a trial.After Becker had completed a polygraph examination on him, he made an oral statement to Becker, Kukame told the Judge.Becker then gave him a pen and paper, and he also wrote a statement in his own hand, Kukame added.After that, he was taken to see another Police officer, Chief Inspector Peter Oelofse, where he made an alleged confession, Judge Van Niekerk heard.That was on February 11 2005.Oelofse testified on Monday that he informed Kukame of his rights – including the right to legal representation – before he proceeded to write down what Kukame had to say about his alleged involvement in M’s death.One of the questions that Oelofse asked Kukame before writing down the alleged confession, was: “Do you want legal representation?” “Yes,” Kukame answered according to Oelofse.Oelofse did not stop the process there in order to give Kukame an opportunity to actually get legal representation before making the statement.He instead continued asking Kukame further questions, including whether Kukame wanted to make a statement – Kukame answered yes to this – and whether Kukame had been influenced or encouraged by anyone to make a statement.”No, it is out of my own will,” Kukame answered, according to what Oelofse wrote down at the time.Under cross-examination from State advocate Dominic Lisulo yesterday, Kukame claimed that he did not confess out of his own will.At the same time, though, no one told him what he had to say to Oelofse, he said.Kukame also confirmed that Oelofse had informed him, before he made the statement, that he did not have to fear anything, that he could speak openly, and that if necessary, he could be given protection against any irregularity.He believed Oelofse when the latter told him this – and yet he did not report to the Chief Inspector the alleged threats and rough treatment that he had received previously, Kukame acknowledged.He was still too scared, Kukame claimed.The trial is set to continue today.