The state has opposed self-proclaimed forex trader Josef Nghishihange’s bail application, alleging that he could not be located for several days after his daughter’s death and that his father eventually helped arrange the meeting at which he was arrested.
Nghishihange faces charges of murder and child abuse in connection with his daughter Mia’s death.
Testifying in his bail application on Thursday in the Oshakati Magistrate’s Court, Nghishihange denied evading the police, telling the court that his family knew of his whereabouts and that he had no reason to flee.
During cross-examination on Thursday, prosecutor Yeukai Kangira questioned Nghishihange about a statement attributed to his mother, Justina Mwanyekange, concerning the events following the child’s death on 24 February.
The prosecution put it to him that his mother had told the police she had to look for him at his flat with the police, and that he could not be found until his father helped arrange a meeting.
The state also alleged that Nghishihange had been missing for three days and questioned why he had not gone to the police station when asked to.
Nghishihange denied the suggestion that he had been hiding from the authorities.
“I was not told I was under arrest or I was being looked for,” he testified.
He said he had been asked to report to Oshakati Police Station but was not told why he needed to go there.
Nghishihange said he was preparing to leave when his father called and asked him to wait so they could go together.
He told the court that his father had asked for his location and that he had said he was in Extension 17 at Ondangwa.
The two agreed to meet at a service station.
Nghishihange said he arrived at the service station and found his father with four police officers who were not wearing uniforms.
“I asked what is going on. No one wanted to tell me what is going on,” he said.
He said the officers then handcuffed him.
The state questioned why he had gone to the service station and not the police station.
Nghishihange maintained that he had not been avoiding the police.
“There was no operation set because I was not hiding,” he testified.
He added that he had remained in contact with his parents and the mother of his deceased daughter.
“Everyone knew where I was,” he said.
He told the court that he had spent the previous night at Oniipa Guest House, where the mother of his daughter and her mother were staying.
Kangira questioned Nghishihange about his mother’s account of their communication on the day his daughter died.
According to the state, his mother had contacted him to ask what had happened and where he was, and he allegedly told her that he was driving to Ondangwa.
Nghishihange acknowledged that his mother had called him on the day his daughter died but disputed the state’s account of what was said.
“That is not true because when my daughter passed on I was the one who took her to hospital. I was the one who did the death certificate and I signed the body removal,” he told the court.
He also said he was willing to provide the certificate but did not have access to the document while in custody.
The accused rejected the suggestion that he could easily leave Namibia, insisting that his family ties were within the country.
He proposed reporting to a police station or his investigating officer as a possible bail condition.
During the hearing, the state also questioned whether granting bail would be in the public interest, citing the seriousness of the charges.
Nghishihange’s lawyer, Tunga Ndatewapo, objected to several questions, arguing that the state needed to establish a proper basis for some of its assertions.
Magistrate Nelao ya France postponed the bail application to 24 and 25 November. Nghishihange remains in custody.
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