The Windhoek Magistrate’s Court has refused to provisionally withdraw a murder case against three City Police officers who allegedly assaulted a 17-year-old theft suspect who later died.
Yesterday, Magistrate Hileni Kavara rejected the request by the legal representative of the accused - Johannes Shekekela, Kleophas Shikalepo Kapalanga and Elia Nakale - to withdraw the matter until investigations have been finalised.
During the court appearance Kavara was informed that investigating officer Stanley Muvangua had not yet completed his probe that started nine months ago.
This is despite the court saying during a previous appearance in November last year that it was granting a final postponement for investigations to be finalised.
Muvangua said yesterday he needed four months to obtain more witness statements from the colleagues of the accused, as well as a forensic report of the blood samples collected.
These were among the 25 instructions given to him by the Office of the Prosecutor-General.
Muvangua’s request for a postponement stems from the PG’s instruction that was received on Monday.
In her judgment about whether to grant a provisional withdrawal or not, Kavara told the court that it was not in the interest of the administration of justice at this stage.
“When deciding on whether or not a remand is to be granted, the court usually relies on the Criminal Procedure Act. The court has taken cognisance of the fact that the three persons stand charged with a serious offence, which is the count of murder.”
Kavara continued: “It further came to light that the matter has been investigated for a period of nine months, and some delays were as a result of witnesses.
This court deems that it will not be in the interest of the administration of justice that the matter be withdrawn at this stage.”
She postponed the matter to May 20 to allow for further investigations and extended the N$3 000 bail of the three accused.
In April 2013 the three accused allegedly assaulted Mandela Ramakhutla, who was identified as the suspect caught on camera stealing laptops from the City of Windhoek’s offices earlier that month.
It is alleged that Ramakhutla was picked up from a bar at the Single Quarters in Katutura, after which the three accused assaulted him before driving him to his grandmother’s house to enquire about the stolen computers.
The three officers allegedly then left with an unconscious Ramakhutla still in the back of their police vehicle and headed to the Windhoek Central Police Station.
Ramakhutla was still unconscious when his father arrived to enquire about his condition. He was then rushed to the Katutura State Hospital and was immediately admitted.
Doctors drew his blood and sent the samples to South Africa.
He later died.
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