WINDHOEK – State Advocate Ethel Ndlovu yesterday implored Judge Naomi Shivute to bring back a verdict of guilty as charged for all three accused in the murder trial in the Windhoek High Court.
She said the State proved beyond reasonable doubt that all three accused were part and parcel of the plan to rob H.A.M.S Security Services and the mere fact they were armed showed they were willing to go to any length to achieve their objective.
According to Ndlovu it does not matter who pulled the trigger as there was a prior agreement between the three accused.
The State alleges Willem Kawulefelwa Valombola, 44, Toivo Kashipolo, 35, and Fillipus Shishiveni Nomongula, 36, shot and killed the security company’s owner Andries Petrus de Jager in cold blood in order to steal from him a briefcase containing cash of N$172 488.10, the property of said De Jager and/or Martha Diergaardt and/or H.A.M.S Security Services.
It is further alleged they attempted to kill Diergaardt and Hannelie Roostee by firing shots at them with deadly intent. They are also accused of unlawfully and intentionally possessing a firearm, namely a .38 special revolver without a licence and of possessing an unknown amount of ammunition without the necessary permission.
Kashipolo was positively identified by various witnesses who saw him at the scene of the crime, while Diergaardt as the person who was also shot at, Ndlovu asserted, identified Nomongula.
Valombola was arrested after his vehicle, a light blue BMW, was identified as the get-away vehicle. While the State conceded the evidence against Valombola is circumstantial it was proven during the trial he was the one driving the get-away vehicle, which makes him equally as guilty as his co-accused, Ndlovu said. According to her, the alibi and receipts that Valombola produced were as a result of him knowing he would be implicated in the murder and robbery and he had enough change to get the receipts from the dealer in the afternoon after the robbery. She said his alibi about being in the presence of Boetikie was a fabrication in which Boetikie parttook. This she based on the fact that none of this “so-called” evidence was produced during the investigation and the bail application.
“Why would a person knowingly go through a trial if he had evidence to clear him?” she asked. According to the State, Valombola was aware his co-accused was armed and he must have foreseen the possibility that people could be killed.
According to Christian Nambahu who appeared on behalf of Valombola, the State failed to prove its case against his client and he must therefore be acquitted on all charges. The case continues.
Kashipolo is represented by Monty Karuaihe and Nomongula by Petrus Elago.