Mom finally faces trial for Ethiopian killings
Issues of jurisdiction cleared
Kristofina Amutenya allegedly killed her son and daughter after custody was granted to their father in a messy divorce battle.
Police and prosecutors are confident that a Namibian mother who allegedly killed her two children in Ethiopia in December 2020 can now be prosecuted in Namibia, after schoolboy errors by the State initially led to the charges being withdrawn.
Kristofina Amutenya reportedly killed her own son Jenay Haufiku (9) and daughter Jane Haufiku (3) after a bitter divorce feud in which their father, Peter Haufiku, was granted custody.
Haufiku is Namibia's commercial attaché at the country’s embassy in Ethiopia, a job that necessitated him to live abroad with his family.
Charges against Amutenya were provisionally withdrawn and she was set free after lodging an urgent application challenging her arrest and detention in Namibia.
She also challenged the manner in which she was deported from Ethiopia, prompting prosecutors to assent to the withdrawal of the charges.
Nearing completion
Namibian Police spokesperson Deputy Commissioner Kauna Shikwambi said investigations into the merciless murders have almost been completed, and findings will be handed to the prosecutor-general for a decision.
“The Namibian Police have an active murder docket that is being investigated and the investigation in the matter is nearing completion,” she told Namibian Sun.
Shikwambi has dismissed suggestions that the Namibian Police may not have jurisdiction over the matter because the crime was committed in a foreign country.
“Since the crime occurred at the Namibian diplomatic residence in Ethiopia, the Namibian Police has the jurisdiction to deal with the matter,” she said.
Diplomatic status
Justice ministry executive director Gladice Pickering said Amutenya initially enjoyed diplomatic status and the immunity that comes with it, as the killings allegedly happened in an embassy residence.
“We as Namibia could have opted to waive the immunity and tell Ethiopia to go ahead and try her as per the laws of that country and tell them to proceed in terms of the criminal offences. But the process went otherwise,” she said.
Pickering added that now that Amutenya is back in Namibia and because the victims are Namibian children, she could be prosecuted in Namibia if sufficient evidence is obtained from Ethiopia.
“Once the prosecutor-general decides to prosecute in terms of evidence submitted by the police, she will be tried in Namibian courts,” she said.
Prosecutor-General Martha Imalwa confirmed Pickering’s interpretation, saying if a decision to prosecute is made, the matter will be heard locally.
Amutenya could also face an attempted murder charge, after she allegedly tried to kill her stepchild, Haufiku’s son from a previous relationship, during her murderous spree.
No extradition
Imalwa told Namibian Sun yesterday that she sent the docket back to the police for further investigations, after which she will make a decision.
According to her, she instructed the police to investigate more and provide her with evidence that when Amutenya committed the alleged crime, she was a diplomat and under diplomatic immunity.
“The content in the docket will determine what decision can be taken. The crime should have taken place within the territory of Namibia and if person is Namibian, then Namibia has the jurisdiction to trial her. Therefore, if the evidence shows that the place where the crime took place falls under Namibian jurisdiction, then the offence was committed on Namibian territory. Being [the spouse of a diplomat] of Namibia, such a person falls under the jurisdiction of the country,” she said.
Namibia and Ethiopia do not have an extradition treaty, but this is not thought to be a bottleneck in the matter.
Shikwambi said the Interpol National Central Bureau in Windhoek facilitated investigations with their counterparts in Addis Ababa, Ethiopia.
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Kristofina Amutenya reportedly killed her own son Jenay Haufiku (9) and daughter Jane Haufiku (3) after a bitter divorce feud in which their father, Peter Haufiku, was granted custody.
Haufiku is Namibia's commercial attaché at the country’s embassy in Ethiopia, a job that necessitated him to live abroad with his family.
Charges against Amutenya were provisionally withdrawn and she was set free after lodging an urgent application challenging her arrest and detention in Namibia.
She also challenged the manner in which she was deported from Ethiopia, prompting prosecutors to assent to the withdrawal of the charges.
Nearing completion
Namibian Police spokesperson Deputy Commissioner Kauna Shikwambi said investigations into the merciless murders have almost been completed, and findings will be handed to the prosecutor-general for a decision.
“The Namibian Police have an active murder docket that is being investigated and the investigation in the matter is nearing completion,” she told Namibian Sun.
Shikwambi has dismissed suggestions that the Namibian Police may not have jurisdiction over the matter because the crime was committed in a foreign country.
“Since the crime occurred at the Namibian diplomatic residence in Ethiopia, the Namibian Police has the jurisdiction to deal with the matter,” she said.
Diplomatic status
Justice ministry executive director Gladice Pickering said Amutenya initially enjoyed diplomatic status and the immunity that comes with it, as the killings allegedly happened in an embassy residence.
“We as Namibia could have opted to waive the immunity and tell Ethiopia to go ahead and try her as per the laws of that country and tell them to proceed in terms of the criminal offences. But the process went otherwise,” she said.
Pickering added that now that Amutenya is back in Namibia and because the victims are Namibian children, she could be prosecuted in Namibia if sufficient evidence is obtained from Ethiopia.
“Once the prosecutor-general decides to prosecute in terms of evidence submitted by the police, she will be tried in Namibian courts,” she said.
Prosecutor-General Martha Imalwa confirmed Pickering’s interpretation, saying if a decision to prosecute is made, the matter will be heard locally.
Amutenya could also face an attempted murder charge, after she allegedly tried to kill her stepchild, Haufiku’s son from a previous relationship, during her murderous spree.
No extradition
Imalwa told Namibian Sun yesterday that she sent the docket back to the police for further investigations, after which she will make a decision.
According to her, she instructed the police to investigate more and provide her with evidence that when Amutenya committed the alleged crime, she was a diplomat and under diplomatic immunity.
“The content in the docket will determine what decision can be taken. The crime should have taken place within the territory of Namibia and if person is Namibian, then Namibia has the jurisdiction to trial her. Therefore, if the evidence shows that the place where the crime took place falls under Namibian jurisdiction, then the offence was committed on Namibian territory. Being [the spouse of a diplomat] of Namibia, such a person falls under the jurisdiction of the country,” she said.
Namibia and Ethiopia do not have an extradition treaty, but this is not thought to be a bottleneck in the matter.
Shikwambi said the Interpol National Central Bureau in Windhoek facilitated investigations with their counterparts in Addis Ababa, Ethiopia.
– [email protected]
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