My heart is in pieces – Shanon’s father

“What Judge Christie Liebenberg did today was a lousy job. I am absolutely heartbroken, but I am also angry.”

These remarks - by Shanon Wasserfall’s father, Dennis - summed up the feelings of the deceased’s family towards High Court Judge Christie Liebenberg’s ruling that siblings Azaan Madisia and Steven Mulundu were not guilty of her widely-publicised death.

Wasserfall (22) went missing on 10 April 2020 at Walvis Bay.

Following her disappearance, communities rallied together using social media in search of her. Six months later, her father received an anonymous text message, which was later found to be from Madisia, informing him that his daughter was buried in a shallow grave kilometres from the town.

This led to Madisia’s arrest, and later her brother’s.

But in a judgment that left many reeling yesterday, Judge Liebenberg ruled that Madisia did not intend to kill Wasserfall when she pushed the deceased during an argument on the fateful day.

"It is not disputed that the complainant's [Wasserfall] death was due to the fact that the first accused [Madisia] pushed her," Liebenberg said.

"The court is not convinced that she unlawfully and deliberately killed the complainant. There is no evidence that [Madisia] could reasonably have foreseen that her actions would lead to the complainant's death," he added.

Acquitted

Due to her lack of intent, as found by Liebenberg, Madisia was acquitted of a charge of murder. Mulundu was also acquitted of this charge, of which he was charged because - according to the State - he had a common purpose with his sister to kill Wasserfall.

Madisia and Mulundu were also acquitted of a charge of aggravated robbery, precisely because Liebenberg determined that Madisia's intention when she threw away some of Wasserfall's personal items was not to rob the deceased of the items. The judge found that Madisia's goal was rather to get rid of any evidence.

On a charge of defeating the course of justice, both were found guilty because they removed Wasserfall's body from Madisia's residence and buried it in a remote area between the dunes near Walvis Bay.

Madisia is also guilty of two counts of fraud relating to a cellphone and laptop which she falsely declared missing to her insurer in order to get monetary payouts.

‘The system failed us’

Wasserfall’s grieving family were left devastated by the court ruling.

"The justice system has failed us. We simply wanted justice for our child," Dennis said after the verdict.

“After searching for my daughter for six months and having sleepless nights, this is what we get? Her body was decomposed, and they found only bones. Bones! How can it not be murder?” he fumed.

In the aftermath of the verdict, Dennis is at a crossroads. While his spirit is crushed, he remains determined.

"We have no choice but to wait for the sentencing. I'll probably feel better after they get the sentence they deserve, because murder was definitely involved here," he said.

Determined to honour his daughter's memory and seek justice, the grieving father plans to appeal the verdict and explore every possible legal avenue to ensure that those responsible for her death are held accountable.

"We will appeal," he said.

"Although we are devastated by the verdict, we are determined to appeal once the sentencing is complete. My daughter deserves justice, and I will not stop fighting until those responsible are held fully accountable.”

Madisia and Mulundu will appear in the High Court again today to make their final arguments before sentencing. The siblings remain in custody.