WINDHOEK – After the trial in which a young man from Keetmanshoop faced charges of murder and rape was initially finalised and set for arguments on the verdict, the state discovered more evidence and re-opened its case.
After 32-year-old Marius Thomas already testified in his own defence, the state discovered the rape kit sent to the Namibia Forensic Institute laboratory and requested to re-open its case to call further evidence in this regard.
Yesterday state advocate, Jack Eixab, called Dr Danelle Groenewald to testify in the trial. Groenewald already in earlier evidence indicated she was the first person to examine the complainant in the matter. She said after she initially examined the complainant at her surgery, after which she suggested they go to the Keetmanshoop Hospital for a rape kit. “As I was relatively inexperienced in the obtainment of a rape kit, I wanted a government doctor to conduct the rape kit” she told Judge Nate Ndauendapo at the time. Yesterday she merely confirmed she was the one who conducted the vaginal examination and that she took some swabs. She told the court after she collected the specimens she sealed it together with the state doctor’s specimens in the rape kit and handed it to the investigating police officer.
Thomas’ state-funded lawyer, Monty Karuaihe, merely wanted to know from the witness whether she signed the sealed kit, to which she stated she cannot recall. The case continues today with the state doctor to testify and tomorrow when Maryn Swart from the NFIS is set to give evidence.
The state alleges Thomas killed Likius Ngesheya at the Farm Kaalvlakte in the Bethanie District during the night of February 25 – 26, 2009.
He is also charged with robbery with aggravating circumstances for allegedly stealing a Ford pick-up (bakkie), or alternatively unlawful use of property.
The stated further alleges Thomas raped an elderly woman at Farm Gellap-Ost in the Keetmanshoop District and robbing the complainant and her daughter of a Nissan 1400 pick-up (bakkie) and N$2 700 in cash during August 3, 2009 or alternatively the unlawful use of property with regard to the 1400 pick-up. Thomas is also charged with kidnapping, after he allegedly forced the elderly woman into the pick-up and deprived her of her liberty until she managed to escape when he stopped to refuel at the One Stop Service Station in Keetmanshoop. He is further charged with indecent assault for allegedly forcing the complainant to touch his genitals during the trip from Gellap-Ost where the incident is said to have occurred.
Thomas has already said that he does not need forgiveness from the complainant in the rape case, as he did not rape her.
While he admitted to killing Ngesheya, he denied intent, he also completely and utterly denied that he raped and abducted the complainant, claiming that he was in Keetmanshoop when it occurred. While the complainant was adamant that it was he, Thomas, who violated her, he said that it could be possible that she “mistook” him for someone else. Thomas remains in custody.