Oral admissions inadmissible in murder trial

Iuze Mukube

A challenge pertaining to the admissibility of oral admissions by two residents of Walvis Bay accused of rape and murder has been successfully upheld in the Windhoek High Court.

Judge Philanda Christiaan, delivering the ruling in the trial-within-a-trial of Quanito van Vuuren and Moses Sam last Friday, found that the State failed to prove beyond a reasonable doubt that each accused was properly informed of his constitutional rights and thereafter made an informed and voluntary election to speak.

The matter descended into a trial-within-a-trial after the accused disputed the admissibility of oral submissions they alleged made to police officers during police investigations.

Van Vuuren contended that prior to questioning by the officers, his constitutional rights were not properly explained to him.

He added that at the time of the statement, he was under the influence of alcohol, which impacted his mental state, and that the statement was therefore not made freely and voluntarily.