Windhoek-Annastancia Nalucha Lubinda, 34, the woman who is accused by the State of hiring five men to kill her husband, is claiming that the confession made to a magistrate and certain admissions she made to police officers were coerced. She alleges to have been subjected to beatings and hair-pulling, in a bid to extract a confession from her, and that she was given false promises in exchange for her confessions.
Lubinda told Acting High Court Judge Johanna Salionga that the investigating officer, Detective Sergeant Malakia Nuule, told her that she would get bail and a lenient sentence if she made a confession to a magistrate in which she admitted that she hired David Matali, 45, David Kondjara, 32, Abuid Uazeua, Donald Hindjou and oviritje artist Dollam Dollam Tjitjahuma, 27, to kill her husband Peter Riscoh Muleke, 36. She further claims that she was subjected to continuous beatings and hair-puling by Nuule and his underlings.
Lubinda claims that the confession was made under duress and that she was unduly influenced to make the confession as well as certain admissions she made to police officers. She further says that she was not properly advised of her legal rights, especially the right to remain silent as well her right to legal representation.
The police officers accused of these abuses have all denied any wrongdoing and Nuule said that Lubinda told him on the day of her arrest that she wanted to come clean. In fact, Nuule said, Lubinda said that she wanted to tell what was on her heart and what she did before she talked with a lawyer, when he explained her right to legal representation to her.
The magistrate who took down her confession also told the court that Lubinda seemed calm and relaxed when she made the confession and gave her the impression that she was sorry for what she did, as she had tears in her eyes when she made her confession.
But Lubinda had another story to tell. According to her, the magistrate did not explain her rights to her and also did not provide her with an interpreter.
She further told the court that contrary to what the magistrate Rina Horn testified, she was never asked whether she was unduly influenced, assaulted or made promises to when she made the confession. She said that she was told what to say by Nuule and felt that he had authority over her and she had to obey.
Kondjara, who also made a confession, testified that he could hear Lubinda screaming while he was waiting in another office to be interrogated by Nuule.
Kondjara told the court that he was fetched from the cells and left in an office with constables Ipinge and Mesweu. He was later taken to an office where he found Nuule and Nuule assaulted him with a belt-buckle which left a 3cm scar on his chest.
He also claimed that he was handcuffed in the figure eight position with one arm over the shoulder and the other from the hip.
According to Kondjara, after a while he could take it no longer and told Nuule that he would say anything if Nuule would just stop with the assaults.
Lubinda is charged with murder read with the provisions of the Combating of Domestic Violence Act, while her co-accused is charged with murder.
They also face a charge of robbery with aggravating circumstances for robbing the deceased of his cellphone and SIM card while hitting him with stones and other unknown objects.
According to the summary in the indictment, the accused conspired to kill Muleke.
The case continues today with Kondjara expected to be cross-examined by Marthino Olivier for the State. They remain in custody.