Katima stabber found guilty of murder

KATIMA Mulilo resident Victor Mundia Musweu, who last week admitted in the High Court in Windhoek that he stabbed his girlfriend to death, was yesterday found guilty.

Musweu’s trial started before Judge Louis Muller last Tuesday with an admission from Musweu (26) that he had killed his girlfriend, Dorothy Nanvula Nyambe (22), “in a fit of anger and jealousy” at Katima Mulilo on the evening of April 13 2005. Musweu pleaded guilty to a count of murder at the start of his trial.Because he did not admit that he intended to kill Nyambe, State advocate Andrew Muvirimi did not accept his plea and set out to try and prove that Musweu was guilty of murder with a direct intention to kill.Having heard the testimony of seven prosecution witnesses and of Musweu himself, Judge Muller yesterday found Musweu guilty as charged.The very fact that Musweu stabbed Nyambe with such a dangerous weapon – a knife with a blade measuring about 11 centimetres in length – at least four times in her chest and on her back and arms, showed Musweu had intended to kill her, the Judge said in his verdict.A doctor who examined Nyambe’s body testified last week that she died as a result of a stab wound to the right side of her chest, which penetrated into her right lung.In the post-mortem report, Dr Simasiku Kabanje recorded 11 stab wounds on Nyambe’s body: two on her lower back, three on her left arm, one on her upper right arm, and five in her chest.Judge Muller also heard evidence from a Police officer, Sergeant Boas Hendjala, who testified that Musweu walked into the charge office at the Katima Mulilo Police Station on the evening of April 13 2005, put a knife down on a table and announced that he had stabbed his girlfriend because she had been cheating on him, Judge Muller recounted.According to another witness, Aldenia Mabuku Ntwala, she and Nyambe met Musweu while walking in Katima Mulilo’s Choto compound on the evening of the incident, Judge Muller said.Musweu and Nyambe had a discussion for about half an hour while Ntwala waited nearby, and when she then went up to them to tell them that she wanted to leave, Musweu told her that they needed only another two minutes to finish their conversation.After she had moved away from them again, she heard Nyambe calling out that Musweu had stabbed her, Ntwala testified.According to Musweu, though, Nyambe had gotten into a taxi and he and a friend had followed the vehicle for about a kilometre until they found it parked amongst some bushes.Musweu claimed that they found the taxi driver literally with his pants around his ankles – having sex with Nyambe.Musweu said he opened the front passenger side door of the taxi and tried to get Nyambe out of the car, but the taxi driver kicked him hard on his chest and managed to drive off, leaving Nyambe behind.Musweu had taken a knife from his friend by then, and although he wanted to stab the taxi driver, he stabbed Nyambe, he testified.In a written statement made to the Police on the day after the stabbing, though, Musweu made no mention of this friend, Judge Muller noted.In the statement, Musweu also said that he went looking for Nyambe when she stayed away for too long after she had left their house at about 20h15.Musweu said that he “took my big knife” with him when he went looking for Nyambe, and that he found her with a taxi driver, in the process of dressing, in a taxi next to a shop.Nyambe got out of the taxi and tried to flee, but he ran after her, stabbed her on her back with his knife, and again stabbed her three times in her chest before she fell down, he stated.The taxi driver denied that he and Nyambe had an affair, but Judge Muller commented that it was nevertheless probable that they had a relationship.That did not assist Musweu in his denial of an intention to kill, though.Although the evidence given by Ntwala and the taxi driver could be criticised, Judge Muller said, he was convinced that the stabbing could not have happened as described by Musweu.Musweu’s version was not supported by any other evidence, and it contained so many contradictions, the Judge said.Musweu had been spurred on by some form of sexual jealousy, his defence counsel, Unanisa Hengari, told the court.The killing was not planned or premeditated, and Musweu regretted what he had done to Nyambe and her family and wished to apologise to the family for the pain he had caused them, Hengari said.Musweu would “for the rest of his life carry in his heart the knowledge that he terminated the love of his life”, and that in itself was already a form of punishment, Hengari said.Muvirimi is set to address the Judge today on the sentence to be imposed on Musweu.Musweu pleaded guilty to a count of murder at the start of his trial.Because he did not admit that he intended to kill Nyambe, State advocate Andrew Muvirimi did not accept his plea and set out to try and prove that Musweu was guilty of murder with a direct intention to kill.Having heard the testimony of seven prosecution witnesses and of Musweu himself, Judge Muller yesterday found Musweu guilty as charged.The very fact that Musweu stabbed Nyambe with such a dangerous weapon – a knife with a blade measuring about 11 centimetres in length – at least four times in her chest and on her back and arms, showed Musweu had intended to kill her, the Judge said in his verdict.A doctor who examined Nyambe’s body testified last week that she died as a result of a stab wound to the right side of her chest, which penetrated into her right lung.In the post-mortem report, Dr Simasiku Kabanje recorded 11 stab wounds on Nyambe’s body: two on her lower back, three on her left arm, one on her upper right arm, and five in her chest.Judge Muller also heard evidence from a Police officer, Sergeant Boas Hendjala, who testified that Musweu walked into the charge office at the Katima Mulilo Police Station on the evening of April 13 2005, put a knife down on a table and announced that he had stabbed his girlfriend because she had been cheating on him, Judge Muller recounted.According to another witness, Aldenia Mabuku Ntwala, she and Nyambe met Musweu while walking in Katima Mulilo’s Choto compound on the evening of the incident, Judge Muller said.Musweu and Nyambe had a discussion for about half an hour while Ntwala waited nearby, and when she then went up to them to tell them that she wanted to leave, Musweu told her that they needed only another two minutes to finish their conversation.After she had moved away from them again, she heard Nyambe calling out that Musweu had stabbed her, Ntwala testified.According to Musweu, though, Nyambe had gotten into a taxi and he and a friend had followed the vehicle for about a kilometre until they found it parked amongst some bushes.Musweu claimed that they found the taxi driver literally with his pants around his ankles – having sex with Nyambe.Musweu said he opened the front passenger side door of the taxi and tried to get Nyambe out of the car, but the taxi driver kicked him hard on his chest and managed to drive off, leaving Nyambe behind.Musweu had taken a knife from his friend by then, and although he wanted to stab the taxi driver, he stabbed Nyambe, he testified.In a written statement made to the Police on the day after the stabbing, though, Musweu made no mention of this friend, Judge Muller noted.In the statement, Musweu also said that he went looking for Nyambe when she stayed away for too long after she had left their house at about 20h15.Musweu said that he “took my big knife” with him when he went looking for Nyambe, and that he found her with a taxi driver, in the process of dressing, in a taxi next to a shop.Nyambe got out of the taxi and tried to flee, but he ran after her, stabbed her on her back with his knife, and again stabbed her three times in her chest before she fell down, he stated.The taxi driver denied that he and Nyambe had an affair, but Judge Muller commented that it was nevertheless probable that they had a relationship.That did not assist Musweu in his denial of an intention to kill, though.Although the evidence given by Ntwala and the taxi driver could be criticised, Judge Muller said, he was convinced that the stabbing could not have happened as described by Musweu.Musweu’s version was not supported by any other evidence, and it contained so many contradictions, the Judge said.Musweu had been spurred on by some form of sexual jealousy, his defence counsel, Unanisa Hengari, told the court.The killing was not planned or premeditated, and Musweu regretted what he had done to Nyambe and her family and wished to apologise to the family for the pain he had caused them, Hengari said.Musweu would “for the rest of his life carry in his heart the knowledge that he terminated the love of his life”, and that in itself was already a form of punishment, Hengari said.Muvirimi is set to address the Judge today on the sentence to be imposed on Musweu.