WINDHOEK – The trial of the man accused of killing his former lover’s friend out of spite because she influenced her friend to dump him is reaching the final stretch in the Windhoek High Court before Judge Naomi Shivute.
While the case was set down for this week as well, the State finished its case on Thursday last week with Tobias Namweya not testifying in his own defence and not calling any witnesses. Both prosecution and defence thus proceeded with submissions on the verdict on Friday.
Advocate Jack Eixab for the State did not take up much of the court’s time and informed Judge Shivute that three witnesses testified that they saw the accused on the day in question with a knife.
He further said that one of the witnesses who claimed to be a friend of the accused saw him licking the blood off the knife after he cold-bloodedly stabbed his victim, a defenceless woman, brutally seven times. According to Eixab the killing of Monika Wilhelm was a senseless act perpetrated out of a need for revenge.
Eixab told the court that there is no doubt that Namweya intended to kill the deceased as he told her “I will kill you” before stabbing her without any provocation whatsoever.
He asked the court to find Namweya guilty of murder with direct intent. On the charge of assault with intent to cause grievious bodily harm he said the State also proved its case beyond doubt.
On his part, Titus Mbaeva who represented Namweya on instructions of the Department of Legal Aid also did not waste time in his submissions. He merely informed the court that the State failed to prove its case beyond a reasonable doubt on the murder charge.
He said Namweya denies being the person who killed the deceased and assaulted his girlfriend.
Mbaeva said that the onus of proving the guilt of an accused rests squarely on the shoulders of the State and that the accused did not need to testify to prove his innocence. Judge Shivute postponed the matter to Thursday, November 14 for the verdict and Namweya remains in custody.
Namweya who was forty years old when he allegedly committed the crime faces one count of murder, one count of assault with intent to do grievous bodily harm read with the provisions of the Combating of Domestic Violence Act and one count of assault with intent to do grievous bodily harm.
The State alleges Namweya unlawfully and intentionally killed Monika Wilhelm on September 20, 2009 at Okahandja Park informal settlement in the Windhoek district. It is further alleged that Namweya assaulted Peneyambeko Nangula Thomas with whom he was having an intimate relationship at Okahandja Park on September 9, 2009 by beating her and hitting her with stones with the intent to cause her grievously bodily harm.
The other charge of assault with intent to cause grievously bodily harm stems from the allegation that he also on September 09, 2009 assaulted the deceased by beating her and hitting her with stones.
By Roland Routh