Windhoek=The five men accused of murdering Walvis Bay businessman, Hans-Jorg Möller during a daring robbery made their second pre-trial appearance in the Windhoek High Court last week. The men are alleged to have broken into the residence and shoot Möller when he came to the defence of his wife and children during the early morning hours of June 17, 2016.
The men are Panduleni Gotlieb, 31, David Tashiya, 30, David Shekudja, 36, Elly Ndapuka Hinaivali, 30 and Malakia Shiweda, 29. They are facing charges of murder, attempted murder, conspiracy to commit housebreaking with the intent to rob and robbery with aggravating circumstances, housebreaking with the intent to rob and robbery with aggravating circumstances and two counts of unlawful possession of a firearm and ammunition.
The wife of Möller, Carol-Ann and her mother Rita Sowden, who have been at every appearance, were at the court early waving their placards asking for no bail and life sentences upon conviction.
According to the charge sheet the five men planned to rob the Möller family residence of money and other valuable items. They broke into the house armed with knives, firearms and other dangerous weapons.
They broke into the house either late June 16 or in the early morning hours of June 17, 2016 while the family was asleep. Brandishing the weapons, they allegedly demanded money from Carol-Ann after she had gone to investigate a noise she had heard, the indictment reads.
When the deceased tried to come to the assistance of his wife, Panduleni shot him in the stomach and the accused continued to assault Carol-Ann while demanding money, it is alleged. They then ransacked the house in search of money and other valuables where-after they fled the scene with the stolen items, it is charged. Möller was transported to a hospital where he succumbed to injuries sustained.
According to the State, the five accused acted with a common purpose.
The items stolen from the Möller family include seven cellphones valued at N$47,300, one laptop valued at N$18,500, one i-Pad worth N$3,500, the deceased's wallet with various documents valued at N$1,200, one digital photo frame worth N$2,500, an unknown amount of foreign currency in Euros, British Pounds, US dollars, Zambian Kwachas, Zimbabwean dollars and Botswana Pula. Also taken were a black laptop bag worth N$300, one black backpack worth N$350, one Canon EOS 600 D camera and large lens valued at N$18,000, a bedside clock with alarm valued at N$2,300, jewellery worth N$56,000, three knives valued at N$4,800, N$8,200 cash and N$11,400 in envelopes meant for commissions.
During their latest court appearance, Mpokiseng Dube, the legal aid lawyer for Tashiya and Shekudja informed High Court Judge Nate Ndauendapo that he noticed a conflict of interest when he read through the dockets of both men. He requested to withdraw as the legal representative of Tashiya and only continue with Shekudja.
Likewise did Titus Ipumbu who was on record for Hinaivali and Shiweda. He also informed the judge that he too noticed a conflict of interest between his two clients and requested to withdraw as the legal representative of Hinaivali. Judge Ndauendapo granted the requests and postponed the matter to February 15 to allow Legal Aid to appoint new lawyers for Tashiya and Hinaivali.