WINDHOEK – The new evidence the State has applied to introduce could reap fruits after it was established that swabs taken from the complainant contained DNA traces of the accused.
Maryn Swart of the Namibia Forensic Science Institute (NFSI) testified yesterday she found traces of 32-year-old Marius Thomas’ DNA in swabs taken from the elderly complainant in the murder, rape and robbery case.
The State had already closed its case and Thomas had testified when the rape kit compiled at Keetmanshoop State Hospital was discovered at the NFSI. A swab was then taken from Thomas to compare with the specimens taken from the complainant in the rape charge.
It is alleged Thomas raped the elderly woman at Farm Gellap-Ost in the Keetmanshoop district and robbed the complainant and her daughter of a Nissan 1400 pick-up (bakkie) and N$2 700 in cash during August 3, 2009 or alternatively made unlawful use of property with regard to the 1400 pick-up.
He is also charged with kidnapping the complainant after he allegedly forced her to accompany him when he drove the 1400 pick-up to Keetmanshoop.
Another charge he is facing in connection with the rape is indecent assault for allegedly forcing the complainant to touch his private parts during the trip from Gellap-Ost.
In the main charge he is accused of murdering Likius Ngesheyaa at Farm Kaalvlakte in the Bethanie district during the night of February 25 to 26 2009. He is also charged with robbery with aggravating circumstances for allegedly stealing a Ford pick-up (bakkie), or alternatively making unlawful use of property.
He already pleaded self-defence to the murder charge and not guilty to the rape, kidnapping, robbery and indecent assault charges.
On the murder charge he claimed he hit the deceased after he saw “something shiny in his hands.”
“I was standing with my back to the door and as I looked over my shoulder I thought I saw something shining in his hands,” Thomas told the judge during his evidence-in-chief.
“I immediately grabbed my pick handle that stood close to me with both hands and hit the accused once on his head,” he testified before the court.
He said he kept on hitting the deceased, but he could not recall how many times he hit the victim.
Thomas further testified that after he finished hitting Ngesheyaa, he took the keys of the vehicle and locked the deceased in the shack “because I was afraid that if he regains his normality he would come after me.” While he admitted to killing Ngesheyaa, but denies intent, he completely and utterly denies that he raped and abducted the complainant, claiming he was in Keetmanshoop when the alleged crime occurred. While the complainant was adamant that it was he, Thomas, who violated her, he said that it could be possible she mistook him for someone else. The case continues today and Thomas remains in custody.