Murder confession is admissible evidence The Windhoek High Court has ruled that indications made by a murder accused during investigations into the killing of an 18-year-old woman in 2012 are admissible evidence in the trial. Moses Ndiiweda Puleni is on trial for the murder of Paulina Nghidinitango and appeared before Judge Nate Ndauendapo this week. The state had argued that Puleni willingly showed the police where he had put the money and other items that he took when he allegedly robbed a shebeen in Albert Conradie Street, Katutura on the day he murdered Nghidinitango.
The court further declared that the confession made by the accused, before the Magistrate’s Court on 5 January 2012, was also admissible as evidence that will be used against him.
Ndauendapo said he will deliver the judgment at the end of the trial and the reasons for his ruling in the trial-within-a trial where Puleni was disputing a confession he made at the Windhoek Magistrate’s Court in January 2012.
Puleni maintained that he was coerced to make the confession following threats of violence by the police officers investigating his case.
According to Puleni, he made the confession out of fear for his life after threats made by the police.
During the trial-within-a-trial, magistrate Johannes Shuuveni told the court that he did not observe any uneasiness or fear when he recorded the statement.
According to evidence given by the magistrate, the accused was adamant that he wanted to make a confession to a magistrate despite having made one to a police officer. Shuuveni said Puleni appeared to be in his sound and sober senses and he acted normal and he was relaxed.
Shuuveni informed the court that Puleni was repeatedly asked whether he was coerced or threatened in any way to make the confession and he answered ‘no’.
However, the defence lawyer Mbanga Siyomunji was adamant that his client was not adequately informed of his legal right not to incriminate himself.
Puleni had pleaded not guilty to the murder, rape and robbery with aggravating circumstances charges when his trial started in the Windhoek High Court almost a year ago.
According to the state, Puleni was with Nghidinitango at a shebeen in Katutura on 31 December 2011 when he attacked her and bound her with pieces of cable or wire. It is alleged that he proceeded to rape her and he killed her by either strangling her or using a piece of wire or by smothering her with a towel.
It is further alleged that he robbed the shebeen of N$69 000, and allegedly stole two cellphones, a pair of spectacles, three wallets, an unknown amount of liquor, and cigarettes, MTC recharge vouchers, two bundles of keys and two identity documents belonging to Josef Siwombe and Matine Siwombe.
Puleni was arrested three days after the gruesome discovery was made at Damara location in Katutura.
FRED GOEIEMAN