WINDHOEK - The man accused of the brutal rape and murder of a 13-year-old Rachel Vanessa Boois in the Omdel location of Henties Bay during the period 3 to 4 May 2014 refused to testify in his own defence after Windhoek High Court Acting Judge Alfred Siboleka dismissed his application for discharge.
The judge dismissed a Section 174 application that Jandre Jacques de Klerk launched after the State closed its case against him.
He faces one count of murder, three counts of rape and one count of violating a dead body in addition to a count of housebreaking with intent to rape and rape.
According to the State he raped Boois in a half-built house twice before he broke her neck and stuck a stick in her private parts.
De Klerk pleaded not guilty to all charges at the start of his trial.
In a plea explanation De Klerk submitted to court, he denies that he was with the deceased during the time she was raped and murdered, but admitted that he had consensual intercourse with the 13-year old a few days prior to the incident in the house of a certain Gert Maasdorp although he could not remember exactly when.
He further denied that he broke the neck of the deceased or that he stuck a stick in her privates.
He further said that he did not know the deceased was a minor when he had intercourse with her as she appeared “grown-up” to him and also did not know it was a crime to have intercourse with a minor.
With regards to the charge that he raped another woman after he broke into her shack during the period 14 to 15 June 2013, he said that he went to the shack with the complainant’s boyfriend to get some cigarettes and when he later returned, he found the door of the shack wide open. According to De Klerk, he then undressed himself and asked the complainant who was totally naked for intercourse, but she refused saying her boyfriend is in the vicinity. He further stated that the complainant then got extremely mad at him and he dressed and left, in the process leaving his underpants behind.
He denied rape saying there is no evidence of penetration.
The State alleges that it was while he was on bail on this matter that he came across Boois, adding that he did not only brutally violate her, but ended her life short by snapping her neck.
In submissions on the verdict to be delivered, his Legal Aid lawyer, Titus Mbaeva told the court they stand by their plea explanation and has nothing further to add hence the decision by De Klerk not to testify.
He asked the court to give De Klerk the benefit of doubt and to acquit him on all charges.
The deputy prosecutor-general reminded the court that credible evidence exist to warrant De Klerk to furnish answers and that it is to his own detriment if he chooses not to refute the evidence against him.
She asked the judge to convict De Klerk on all charges.
The accused will return to court on 6 November for judgemement.
2019-10-29 07:25:21 | 8 months ago