By: Ludorf Iyambo
The Windhoek High Court was told that the projectile found in the skull of student leader shot in Windhoek in 2018 is not the same fired from the convicted Likius Valombola.
Valombola (57) was convicted for the murder of Helao Ndjaba, who died at the Katutura State Hospital.
He is, however, appealing the conviction.
His lawyer Sisa Namandje argued that the High Court should grant Valombola an appeal because the projectile found in Ndjaba’s head was not the same as the one fired from his client’s gun.
Namandje said the projectile from his client’s firearm measures 2.69 grams, while the one found in the skull of the diseased measured 2.57 grams.
Namandje said an intact projectile, as it was weighed at the lab, can never weigh 2.69 or 2.57 grams.
“The number of issues must be determined by the court, particularly to testify whether the projectile that was fired was a C1 or a C2,” said Namandje.
Namandje also argues that the incident took place at night. Therefore, it can happen that maybe the diseased was shot by a different person with a silent firearm.
“Maybe someone took advantage of the situation there, for all the evidence must be taken as a totality. There’s no need for the accused person to prove that,” said Namandje.
The State, represented by Ethel Ndlovu, said Valombola admitted that he fired two shots, and the doctor proved that those two shots were found in the head of the diseased.
Ndlovu said the doctor testified that he saw two holes in the skull of the diseased.
“The evidence from the doctor and other witnesses are more than enough to prove that the shots were from the firearm of the accused,” she told the court.
Ndlovu further said that the accused could not prove that there was a silent firearm.
“It is just an excuse from the applicant’s head,” she said.
She said none of those who testified before the court claimed that there was a silent firearm.
“The only evidence is that two shots were fired, and they were found in the head of the deceased,” she added.
Windhoek High Court Judge Claudia Claasen postponed the case to 23 March 2022.
