Murder accused Abraham Maasdorp is asking Windhoek High Court Judge Claudia Claasen to discharge him in a section 174 application because no credible evidence was presented against him.
His legal aid lawyer Mbanga Siyomunji lodged the application last week.
Siyomunji argued the State failed miserably in its quest to
have the 21-year-old Maasdorp convicted of a “crime he did not commit”. He further said the evidence of the State witnesses is so riddled with inconsistencies and contradictions that no reasonable person will believe it. In fact, he said, the evidence of the State’s star witness, who allegedly witnessed the stabbing, is completely a fabrication or figment of her imagination.
How can you, he asked, witness a stabbing, and casually go home and sleep without reporting the stabbing to at least one person or helping the victim?
Furthermore, he argued, the clinic sister who tended to the victim testified the wound was not fatal and had already healed by the time the victim complained about stomachaches and was hospitalised.
Maasdorp is accused of murdering his 10-week pregnant girlfriend by stabbing her once in the chest, causing her to succumb 11 days later. It is alleged by the State that he stabbed Magda van Wyk (20) on 2 August 2019, causing her to die in the Katutura Hospital on 13 August 2019.
He is also charged with a count of defeating the course of justice for allegedly disposing of the knife he used to stab the victim.
He pleaded not guilty to all charges when his trial started and indicated he will not give a witness statement but put the onus on the State to prove every charge.
It, however, emerged during the bail application that his version is that he did not stab the deceased, but that she was already stabbed when he arrived at the shebeen.
He told the court the victim told him she was stabbed when she tried to stop a fight between people behind the shebeen.
She showed him a small stab wound on her left breast, and he took her to the clinic, where they did not stitch the wound but only put a plaster on it and sent her home, he stated.
The State, represented by Basson Lilungwe, argued it made out a prima facie case that needs answers from Maasdorp.
He said the credibility of witnesses does not play a material role at this stage of the proceedings.
According to the prosecutor, there are no material contradictions in his witnesses’ testimonies and asked the court to put Maasdorp in his defence.
Judge Claasen reserved judgment on the application until 9 September. Maasdorp is out on bail.