Alleged student killer stays in dock
Victor Elia's urgent application for discharge was dismissed by Acting High Court Judge Eileen Rakow on the grounds that there is evidence showing that he has a case to answer.
NAMPA
WINDHOEK
An application for discharge by a man on trial in the High Court for allegedly killing his girlfriend failed on Monday.
Victor Elia (37) allegedly killed Iyaloo Hainghumbi, a student at the International University of Management, whose body was discovered near the B1 road between Windhoek and Okahandja on 14 January 2017.
Elia's urgent application for discharge was dismissed by Acting High Court Judge Eileen Rakow on the grounds that there is evidence showing that he has a case to answer.
“You will be put on your defence to enable the State representative to cross-examine you. In the result, your application for discharge is dismissed,” said the acting judge in her ruling.
Shortly after the closing of the prosecution's case on Tuesday last week, Elia filed an urgent application for his release, arguing that the State had not presented evidence linking him to the murder.
Denial
“I was not involved in this case. I am not the person who killed the deceased person. I was never in contact with the deceased some days prior to her death and/or on the day of the alleged murder. The over 20 State witnesses who testified on behalf of the prosecution never saw me in the company of the deceased. Furthermore, no single evidence of DNA related to the deceased was found on my clothing,” said Elia in his failed application for discharge.
In his response to Elia's application, State advocate Salomon Kanyemba countered that the accused was advancing “pure denial”, while overwhelming evidence by State witnesses showed he had been in telephonic contact with the deceased and was the last person seen in her company. The matter was postponed to 20 July 2020 for the defence case.
The charges
Elia has been in police custody at the Windhoek Central Correctional Facility since his arrest in January 2017 with no option to post bail.
He faces a charge of murder read with the provisions of the Combating of Domestic Violence Act.
He also faces charges of robbery with aggravating circumstances and attempting to defeat the course of the administration of justice.
The prosecution alleges that Elia murdered Hainghumbi by hitting her over the head numerous times with an unknown object, after which he allegedly dumped her body on the side of the road.
WINDHOEK
An application for discharge by a man on trial in the High Court for allegedly killing his girlfriend failed on Monday.
Victor Elia (37) allegedly killed Iyaloo Hainghumbi, a student at the International University of Management, whose body was discovered near the B1 road between Windhoek and Okahandja on 14 January 2017.
Elia's urgent application for discharge was dismissed by Acting High Court Judge Eileen Rakow on the grounds that there is evidence showing that he has a case to answer.
“You will be put on your defence to enable the State representative to cross-examine you. In the result, your application for discharge is dismissed,” said the acting judge in her ruling.
Shortly after the closing of the prosecution's case on Tuesday last week, Elia filed an urgent application for his release, arguing that the State had not presented evidence linking him to the murder.
Denial
“I was not involved in this case. I am not the person who killed the deceased person. I was never in contact with the deceased some days prior to her death and/or on the day of the alleged murder. The over 20 State witnesses who testified on behalf of the prosecution never saw me in the company of the deceased. Furthermore, no single evidence of DNA related to the deceased was found on my clothing,” said Elia in his failed application for discharge.
In his response to Elia's application, State advocate Salomon Kanyemba countered that the accused was advancing “pure denial”, while overwhelming evidence by State witnesses showed he had been in telephonic contact with the deceased and was the last person seen in her company. The matter was postponed to 20 July 2020 for the defence case.
The charges
Elia has been in police custody at the Windhoek Central Correctional Facility since his arrest in January 2017 with no option to post bail.
He faces a charge of murder read with the provisions of the Combating of Domestic Violence Act.
He also faces charges of robbery with aggravating circumstances and attempting to defeat the course of the administration of justice.
The prosecution alleges that Elia murdered Hainghumbi by hitting her over the head numerous times with an unknown object, after which he allegedly dumped her body on the side of the road.
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