Hertta-Maria Amutenja
The state wants siblings Azaan Madisia (31) and Steven Malundu (25) who were acquitted in the murder of Shannon Wasserfall to serve a jail sentence of nothing less than eight years for tampering with evidence.
High Court Judge Christie Liebenberg, convicted the siblings on the charge of Defeating the course of Justice, and acquitted them on the murder and robbery charges.
During the process of arguments for the mitigating and aggravating circumstances of a possible jail term before Judge Liebenberg, state prosecutor, Henry Muhungo argued that given the fact that the state could not determine the cause of death, both siblings should be given a sentence of no less than eight years.
Liebenberg found that the state did not lead evidence in proving the murder and robbery charges and based its case on conflicting statements made by Madisia and Malundu during the police investigation of Justice.
Madisia has also been found guilty of fraud.
Muhongo added that society expects a serious sentence in this case.
“The deceased was transported like a bag and dumped like rubbish, which no human being deserves such inhumane treatment. The offence was harsh and brutal to the family and the Namibian society at large,” Muhongo said.
Albert Titus, the defence Attorney for Madisia said the state should consider a sentence of six years in jail given that she has admitted to the court that she committed the offences as well as the fact that she is a first-time offender who has never been in trouble with the law.
Mulundu’s lawyer, Tania Klaazen, argued that Mulundu is a father to a four-year-old child who has opened up, admitted and apologies to the family of Wasserfall.
She added that it is an indication that he will not commit the crime again.
Both lawyers also asked the court should consider Madisia’s two years and seven months and Malundu’s two years and six months of pretrial imprisonment.]
The two siblings will be sentenced on June 13, 2023.
During her testimony, Madisia claimed she never intended to harm or kill Wasserfall. According to Madisia, Wasserfall died after she had hit her head against a wall and she fell over a bed in Madisia’s flat, where the two of them had been involved in a physical altercation.
Madisia, who was arrested in 2021 after the remains of Wasserfall were found buried in a shallow grave close to the Dunes Mall at Walvis Bay, faced a total of four charges; murder, defeating the course of justice, fraud and theft. Mulundu handed himself over to the police shortly after his sister’s arrest. Wasserfall’s remains were ultimately found in October 2021 after an anonymous message was sent with the exact location of her shallow grave to her father and the police.
