Windhoek Avis Dam murder trial: Accused allege police torture and forced confessions in court case

Two men accused of robbing and murdering a Windhoek resident at the city’s Avis Dam nature reserve in July 2020 are disputing that they made confessions freely and voluntarily after their arrests.

Defence lawyers representing the two accused, Iileka Kefas (39) and Johannes Shetunyenga (37), informed judge Naomi Shivute in the Windhoek High Court yesterday that their clients are both alleging they were assaulted by police officers and were instructed what to say when they made alleged confessions to magistrates in Windhoek.

With Kefas and Shetunyenga disputing that they made confessions freely and voluntarily, pointed out the scene of their alleged crimes to police officers and made warning statements to the police after their arrests, Shivute yesterday began to hear testimony in a trial within a trial to decide the admissibility of evidence that the prosecution, represented by state advocate Ethel Ndlovu, wants to present to the court.

Kefas, Shetunyenga and a third accused, Antonio Cheme (30), are being prosecuted in connection with a fatal armed robbery that was carried out 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 the dam in the Avis area of Windhoek on 10 July 2020.

A cellphone, wristwatch and earphones were taken from the woman when she was robbed by three men.

The woman has told the court that one of the robbers threatened her with a screwdriver.

The three accused denied guilt on seven charges when their trial started before Shivute in December 2024.

The charges they are facing 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.

Kefas, Shetunyenga and Cheme were arrested and charged in November 2020.

Kefas’ defence lawyer, Mbanga Siyomunji, told the judge yesterday that Kefas is saying he was tortured and beaten by a police officer, who also told him what he had to say in a confession that he made to a magistrate after his arrest.

Kefas also says the contents of a warning statement allegedly taken from him after his arrest did not come from him, that he did not sign that statement, and that he was not aware that he was supposedly pointing out the crime scene after he had been driven to the Avis area and told to stand facing different directions while photos were taken by a police officer, Siyomunji said.

Shetunyenga’s defence lawyer, Enos Mwakondange, informed the court that, according to Shetunyenga, he was taken from one point to another at Avis Dam and told to point while police officers were taking photographs.

Shetunyenga is also claiming he was punched, slapped and kicked by various police officers, that his rights were not explained to him after his arrest, and that “a story was narrated to him”, which he was told to repeat to a magistrate who recorded a confession made by him.

“He was under the impression it would be in his best interest if he said what he was told,” Mwakondange said.
The trial is continuing.

The three accused have all been released on bail following their arrests.

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