Split in ranks of Walvis Bay robbery, murder accused

One of the five men accused of committing a fatal house robbery at Walvis Bay in June 2016 says all four of his co-accused were at the harbour town during the night that the crimes they are accused of were committed.

Defence lawyer Joseph Andreas, who is representing Malakia Shiweda in his trial in the Windhoek High Court, also told the first accused in the matter, Panduleni Gotlieb, on Thursday last week that according to Shiweda he saw Gotlieb had a pistol in his possession on the morning of 17 June 2016 – which was the day after Walvis Bay businessman Hans-Jörg Möller was fatally wounded in an armed robbery in his home.

Andreas related Shiweda’s version of events when he cross-examined Gotlieb, who testified in his own defence before judge Dinnah Usiku on Thursday.

Gotlieb (37) and four co-accused – David Tashiya (36), David Shekundja (41), Elly Ndapuka Hinaivali (36) and Shiweda (35) – are standing trial on charges of murder, attempted murder, housebreaking and robbery with aggravating circumstances, conspiring to commit housebreaking and armed robbery, and possession of a firearm and ammunition without a licence. They have denied guilt on all counts.

All of the charges are linked to a burglary and armed robbery during which Möller was shot in the abdomen in his home at Walvis Bay during the night of 16 to 17 June 2016. Möller (50) died in a hospital a day after the robbery.

The state is alleging that goods valued at about N$175 000 were stolen from Möller’s house during the robbery.

Testifying in his own defence, Gotlieb told the judge he was in Windhoek on 16 June 2016, and the next morning travelled by minibus to northern Namibia to attend the funeral of his sister.

He was arrested while on his way to the north, when police officers stopped the minibus in which he was travelling between Omuthiya and Ondangwa.

Two police officers have previously told the court that a pistol, subsequently linked to the shooting of Möller, was found under the seat that Gotlieb occupied in the minibus, while a wallet with photographs of Möller’s children was also found in Gotlieb’s possession and live bullets were discovered in a bag that he had with him on the bus.

During his testimony, Gotlieb denied that the pistol was found under his seat. He also denied that bullets for the gun and Möller’s wallet were found in his possession.

“I was found with nothing,” he said.

Gotlieb similarly disputed testimony by Möller’s wife, who told the court she recognised him as one of the men that broke into her home and that he was the person who shot her husband.

He was not at Walvis Bay during the night of the robbery, and he did not know any of his co-accused before they landed in police custody together, Gotlieb said as well.

Andreas told Gotlieb that according to Shiweda he was asked by Hinaivali to drive Hinaivali’s car to Walvis Bay on 16 June 2016.

At Walvis Bay, Shiweda says, he met the other four accused at a bar that evening, Andreas said as well.

After they had left the town together in the early hours of the next day, Gotlieb was dropped off at Okahandja, according to Shiweda.

Andreas added that Shiweda is saying he heard something falling to the ground when Gotlieb was dropped off, and when he looked he saw it was a pistol, which Gotlieb picked up before he left.

Gotlieb also denied that part of Shiweda’s version of events.

Tashiya, who is the second accused in the matter, told the court on Friday that he, too, was not at Walvis Bay during the night that the robbery took place at Möller’s house, although he was at the town during the day of 16 June 2016.

Tashiya recounted that he was arrested on 18 June 2016, and said police officers assaulted him before he made a confession following his arrest. Police officers instructed him what to say before he made the confession, he said as well.

The trial is scheduled to continue from 23 January 2024.