The prosecution in the trial in which a Windhoek resident faces 21 charges including rape, assault, housebreaking and attempted murder asked the court on Wednesday to convict him on all charges.
State Advocate Palmer Khumalo told Judge Alfred Siboleka that it was proven beyond a reasonable doubt that it was Pinias Kashawa who committed the offences.
“My Lord, I submit that the offences were proved and further my Lord, I submit the identity of the perpetrator of these offences was without any shred of doubt established as that of the accused before court,” State Advocate Khumalo addressed Justice Siboleka on Wednesday.
Khumalo said both complainants in the rape charges testified they saw his face clearly as he used a cellphone flashlight and the room was illuminated when he violated them. All the state witnesses corroborated each other in all material respects, said Khumalo, who added: “The most crucial evidence against the accused is that he was found in possession, note not in the vicinity, but in possession of the stolen items.”
Kashawa denied all the allegations against him when he pleaded to the charges last year.
He faces three counts of housebreaking with intent to rob and robbery, one count of housebreaking with intent to steal and theft, two counts of assault with intent to do grievous bodily harm, two counts of assault by threat, five counts of rape, one count of attempted rape, and two counts of attempted murder, alternatively negligent discharge or handling of a firearm.
In addition he also faces three counts of pointing of a firearm and one count each of possession of a firearm and ammunition without a licence.
According to him, he was in the north when he allegedly, armed with a pistol, broke into a house at Okuryangava, approached three women in the house and threatened to shoot and kill them on November 25, 2009.
He further said that on the night he was arrested, he was on his way home from Monte Christo after escorting a relative who was taking a bus to the north.
He said that on his way back to his shack in Havana settlement, he walked along a footpath through Okuryangava and suddenly heard two gunshots and fell to the ground. “All of a sudden I was surrounded by people including the police who asked me who shot me and I answered I did not know,” the accused had testified in his own defence. He was then treated for a gunshot wound and loaded into the ambulance and taken to Katutura hospital.
Kashawa was shot when he exchanged gunfire with a police officer, Fredinard Nghiliganye, who earlier testified that it was only by the grace of God that the shot Kashawa fired missed him.
Various witnesses including his rape victims identified Kashawa as their tormentor during their testimonies.
Police officers who were at the scene also testified that a gun positively identified as the one that fired a shot at Nghiliganye, a bolt cutter and a cashbox that belonged to one of the victims were found near Kashawa as well as money stuffed into shorts he wore under his overall trousers.
Kashawa just replied with a blanket denial that he did not commit the offences and stuck to his story that he was merely at the wrong place at the wrong time.
The trial continues with his state-funded lawyer Ndapewa Shipopyeni to address the court.