Staff Reporter
JOHN Kangumbe Mutirua (23) has been found guilty on two counts of murder after he stabbed to death one Meno Tjizera as well as that of Albertus Maasdorp on different dates, as well as two counts of the rape of a minor girl, aged nine, in the Gobabis district, amongst other guilty convictions.
Mutirua is charged with 14 counts, including two counts of murder, three counts of rape, and two counts of attempted murder.
The state alleges that Mutirua abducted or kidnapped three minors—a nine-year-old girl and two boys, aged 10 and eight—at Gobabis on 23 September 2018, taking them out of their parental control and walking about 7 kilometres with them into the bushes in the Epako district. Thereafter, he allegedly tied up the three minors against trees, after which it is alleged that he raped the minor girl twice and also forced one of the minor boys to commit sexual acts with the girl. He further stands accused of allegedly forcing the minor girl to have oral sex with him.
After being released from custody in 2018 subsequent to appearing for the rape charges, the state alleges that Mutirua again committed a crime when he murdered a 19-year-old man, Meno Tjizera, in the Epako area of Gobabis during the night of 30 to 31 October 2020 and tried to kill another man after that incident by stabbing him in the head, resulting in an attempted murder charge.
The second case of murder happened on 16 July 2023 in Gobabis, after which he is accused of murdering one Albertus Maasdorp (37) and robbing him of N$1 300 in the Epako area of Gobabis.
In his judgment, Judge Orben Sibeya found Mutirua guilty on two counts of rape of the minor girl as he allegedly had both vaginal as well as anal intercourse with her at interrupted intervals. Sibeya added that DNA samples of saliva collected from Mutirua matched the semen samples found on the nine-year-old girl’s underwear as well as in her rectum. He added that medical expert testimonies had also indicated that injuries found on the nine-year-old girl’s genitalia were indicative of sexual trauma. He further added that eyewitness evidence from a complainant named Boy, who saw him flee the scene after being caught committing the act, was fatal to his denial of committing the crimes of rape, as the complainant had known him prior to the incident and identified him positively as a boy who had been attending dance classes at his school with another friend, Germaine.
“The physical and forensic evidence places the accused at the scene and proves the state’s case beyond a reasonable doubt,” Sibeya said, finding the accused guilty on counts 10 and 11 which pertain to rape of the minor girl.In terms of the murder incident of Maasdorp, the judge said that the state depended on witness accounts which were consistent and showed that the accused approached Maasdorp at a bar, tapped him on the shoulder once, and when he had turned around, stabbed him in the left side of the chest. He added that Mutirua’s contradictory versions of what occurred strengthened the state’s case, as he first said that Maasdorp was acting violently, and thereafter changed his account to saying that the accused had merely turned around when he was touched on the shoulder and looked like he had been reaching for a knife.
In terms of the Tjizera murder incident, the judge also added that the accused provided conflicting accounts of what had transpired, firstly claiming that he was not present at the scene of the crime and that he had an alibi, and thereafter admitting to the murder and stating that it was an accident, as he had been leaning on a weak fence which subsequently led to him falling into the deceased and stabbing him.
Sibeya said that this version of events was disputed by eyewitnesses who testified that the accused approached the deceased unprovoked and stabbed him from behind a fence, finding him guilty of murder. Sibeya also found Mutirua guilty of attempted murder for stabbing an unidentified San man, based on evidence presented by Mutirua’s friend, Sedwell, whom the court found to be a credible witness, as he also incriminated himself by admitting to stabbing another San man in defence of his friend during the altercation.
The court, however, acquitted Mutirua on three counts of abduction as it would amount to a duplication of charges, since the kids were lured away with the intention to carry out the offence of rape.