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Two found not guilty in beach murder trial

Two found not guilty in beach murder trial

THE main suspect accused of killing a Swakopmund resident during an early-morning robbery on a beach two years ago is set to be alone in the dock when the High Court gives its verdict in his trial.

On Monday, Acting Judge Collins Parker acquitted the two men on trial with Naftalie Kondja (28) – Matti Kamati (37) and taxi driver Temus Shiwalo (33) – after hearing the last evidence in the three men’s trial. Kondja, Kamati and Shiwalo were accused of murdering German-born goldsmith Alexandra Mooren (44) on a Swakopmund beach at about 07h45 on August 13 2004.They also jointly faced an additional charge of robbery.In a third charge, they were jointly accused of stealing a .22 revolver from a car at Swakopmund on August 12 2004.The revolver was used to rob and kill Mooren the next morning.Kamati and Shiwalo were arrested after they were implicated by Kondja, who was arrested within an hour after Mooren was shot.The firearm was still in his possession.In a statement made before a Magistrate at Walvis Bay after his arrest, Kondja implicated Kamati and Shiwalo by claiming that they had planned the robbery with him and that he had given the handbag that he snatched from Mooren to Kamati as he made his getaway.However Kondja told a different story when he testified on Friday and on Monday.In the new version, Kondja claimed he had acted alone when he targeted Mooren in the deadly seaside mugging.With this turnaround, the prosecution’s case against Kamati and Shiwalo suffered a fatal blow.After both Kamati and Shiwalo closed their cases in their own defence without testifying themselves or presenting any evidence, State advocate Sandra Miller conceded that the State had – despite suspicions about the duo’s involvement – not managed to prove its case against them.With that, Acting Judge Parker pronounced them not guilty.Kondja, however, had to return to court again yesterday, and will have to do so again on November 21, when Acting Judge Parker is scheduled to hand down his verdict.The Acting Judge yesterday heard final arguments from Kondja’s defence counsel, Lucia Hamutenya, and a final reply from Miller, on what the court’s judgement should be on the charge against Kondja.Miller argued that Kondja should be found guilty of murder with direct intent to kill.The only eyewitness told the court that she had seen Kondja carrying out what was in effect an execution when he fired three shots at an immobile Mooren from very close range, Miller reminded the court.Hamutenya, relying on Kondja’s own testimony that he had only planned to rob Mooren, and that the three shots went off accidentally, argued that Kondja should be convicted of murder without a direct intention to kill.Kondja, Kamati and Shiwalo were accused of murdering German-born goldsmith Alexandra Mooren (44) on a Swakopmund beach at about 07h45 on August 13 2004.They also jointly faced an additional charge of robbery.In a third charge, they were jointly accused of stealing a .22 revolver from a car at Swakopmund on August 12 2004.The revolver was used to rob and kill Mooren the next morning.Kamati and Shiwalo were arrested after they were implicated by Kondja, who was arrested within an hour after Mooren was shot.The firearm was still in his possession.In a statement made before a Magistrate at Walvis Bay after his arrest, Kondja implicated Kamati and Shiwalo by claiming that they had planned the robbery with him and that he had given the handbag that he snatched from Mooren to Kamati as he made his getaway.However Kondja told a different story when he testified on Friday and on Monday.In the new version, Kondja claimed he had acted alone when he targeted Mooren in the deadly seaside mugging.With this turnaround, the prosecution’s case against Kamati and Shiwalo suffered a fatal blow.After both Kamati and Shiwalo closed their cases in their own defence without testifying themselves or presenting any evidence, State advocate Sandra Miller conceded that the State had – despite suspicions about the duo’s involvement – not managed to prove its case against them.With that, Acting Judge Parker pronounced them not guilty.Kondja, however, had to return to court again yesterday, and will have to do so again on November 21, when Acting Judge Parker is scheduled to hand down his verdict.The Acting Judge yesterday heard final arguments from Kondja’s defence counsel, Lucia Hamutenya, and a final reply from Miller, on what the court’s judgement should be on the charge against Kondja.Miller argued that Kondja should be found guilty of murder with direct intent to kill.The only eyewitness told the court that she had seen Kondja carrying out what was in effect an execution when he fired three shots at an immobile Mooren from very close range, Miller reminded the court.Hamutenya, relying on Kondja’s own testimony that he had only planned to rob Mooren, and that the three shots went off accidentally, argued that Kondja should be convicted of murder without a direct intention to kill.

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