WINDHOEK – After a hiatus of nearly 15 months the trial of two men accused of killing two farm labourers and dumping their bodies in an unused well resumed yesterday.
Raynoldt (Jackie) Windstaan and Johannes Eichab are accused of killing 42-year-old Klaas ‘Buruxab’ Titus and 39-year- old John ‘Jerry’ McNab during the period July 16 to 18, 2005 on the Farm Omamas in the Mariental District and dumping their bodies into a disused well at a farm near Kalkrand.
Their trial was postponed last year July to yesterday after it emerged that Eichab would dispute a pointing out, a warning statement and an alleged confession he made to investigating officers and a magistrate.
After State Advocate Erich Moyo told Judge Naomi Shivute last year that the disputes would lead to a trial within a trial the matter was postponed since no trial dates were available for the whole of last year and because Judge Shivute was due her long leave.
Yesterday Moyo called Warrant-Officer Theuns Lamperth who was present when the remains were dug out of the well on Farm Good Hope in the Hardap Region. According to Lamperth he was attached to the Special Reserve Force of the police responsible for retrieving bodies either by exhuming or ‘diving out’. He told the court that when he arrived at Farm Good Hope on July 27, 2009 he found Windstaan there in the presence of police officers from Kalkrand. He and his colleagues were then divided into two teams with one team removing debris from the well and the other team sorting the debris.
This went on for three days before they hit pay dirt, he informed the court. Lamperth described how he found a funny looking bone and when he took a closer look, realised that it was a human skull.
According to Lamperth, he immediately informed his colleague, Sergeant Kahuure, who took photographs of the skull. He said they then informed forensics about the skull and the latter told them to keep digging. They continued digging and came upon more remains that they photographed and sealed in evidence bags.
According to Lamperth, they found the remains of two persons and it seemed that one of the persons had moved after he was thrown into the well as one of his legs was in an upright position indicating that the person tried to stand up. He said that he deducted that from the fact that where they found the remains it was wet, indicating that the well had water in it when the bodies were dumped.
He further said that Windstaan was crying and was telling Inspector Groeneveldt which clothing item belonged to which deceased.
After Lamperth testified, prosecutor Moyo again informed Judge Shivute that he wished to introduce a confession by Windstaan and a pointing out and warning statement that Eichab made to the police as well as a confession he made to a magistrate.
Yesterday Titus Mbaeva who represents Windstaan on instructions from legal aid informed the court that his client would not object to the production of the confession, albeit with certain reservations.
Advocate Winnie Christians who represents Eichab also on the ticket of legal aid informed the court that his client disputes the documents the State intends to use. He said this is because the evidence was not obtained freely and voluntarily.
He told the judge that his instructions are that his client was beaten and tortured and that he was coached as to what to say in the so-called confession. He further indicated to the court that his client’s rights were not explained to him and if they were he did not understand them properly. He also said that the pointing out plan was not signed and properly identified by the police.
Both men pleaded not guilty to all charges at the start of their trial and remain in custody since their arrest in 2009.