Valombola to give fresh testimony

Valombola to give fresh testimonyTrafficking accused refused bail again The northern businessman accused of murder, Maurus Valombola, will testify on Tuesday after his lower court testimony was ruled inadmissible in the Oshakati High Court. Maurus Valombola, 58, accused of a murder committed in 2013, will on 4 July, testify in the Oshakati High Court after the lower court proceedings were ruled inadmissible.

Valombola is accused of killing Benhard Kalimbo, 32, by running him over with a car following an argument on 7 February 2013.

The incident took place in the Okeeke area of the Anamulenge Constituency in the Omusati Region.

Kalimbo died from his injuries at the Oshakati Intermediate Hospital. Valombola was arrested the following day after handing himself over to the police at Ogongo and has been in custody ever since.

Judge Werner Januarie yesterday ruled the proceedings in the lower court as inadmissible after the defence in March argued that Valombola was not made aware of his rights and that the State allegedly asked him incriminating questions during cross-examination.

This means that on Tuesday, Valombola will stand in the dock and give his version of events as to what happened on that fateful day that led to his arrest.

The defence is also likely to call a witness.

Defence lawyer Pieter Greyling in his submissions in March argued that his client was not aware of his rights when he was cross-examined during his first bail application in the Outapi Magistrate's Court and consequently incriminated himself.

Greyling further said his client was treated unfairly, arguing that the court was supposed to ensure that he was informed of his rights and did not do so.

Making reference to the lower court proceedings, Greyling said during the cross-examination his client was also asked about his previous transgressions of the law, which should not have been allowed. Valombola was previously fined N$12 000 in a culpable homicide case.

However, State Advocate Lucius Matota counter-argued that Valombola had a lawyer at the time, who was supposed to have informed him of his rights and that the blame should not be shifted to the court.

Regarding the questions the State had asked Valombola during the cross-examination in the lower court, Mutota argued that the questions derived from Valombola's bail application, in which he admitted his involvement in the incident and previous transgressions, which he said could not be left out of the current proceedings.

Mutota at the time also said that if Greyling's submissions were taken into consideration it would defeat the purpose of cross-examination.

Valombola remains in police custody.



KENYA KAMBOWE