WINDHOEK - A Mariental resident who admitted that he killed 16-year old Estonovia Games near a cemetery at Mariental between October 19 and 21, 2016 before Windhoek High Court Judge Dinnah Usiku at the High Court situated at the Windhoek Correctional Facility last year is expected to testify in own defense today after the state closed its case yesterday.
Hendrik Atab Swartz admitted he killed the teenager, but denied two charges of rape, two counts of attempted murder, another count of rape, and alternatively crimen injuria and one count of assault with intent to do grievous bodily harm.
Swartz admitted he killed the teenager, but denied the other charges saying he did not rape anyone nor did he try to kill anyone. He was convicted on the murder count and the trial proceeded on the other counts. According to the state, Swartz also raped and attempted to murder a 19-year-old woman in his shack at Mariental on May 01, 2013 as well as attacking a 12-year-old girl at the town on March 25, 2016, and that he strangled and raped her before a witness came to her rescue, and he fled from the scene.
The assault charge stems from the attempted murder and rape charge involving the 19-year-old woman. According to the indictment, the complainant and friends were walking towards Aimablaagte in Mariental when the accused came towards them with an open knife and made stabbing motions towards Stephanus Thomas who avoided being stabbed by moving out of the way.
Swartz then chased the 19-year-old complainant with the open knife and eventually took her to his shack and stabbed her with the knife as well as strangling her and stuffing a piece of material into her mouth. It is further stated in the indictment that the victim lost consciousness and Swartz raped her.
With regard to the rape charge involving the 12-year old complainant, it is alleged the victim was walking home alone in the Ombili location in Mariental when Swartz attacked her and tied her hair band around her neck to strangle her and proceeded to rape her. During the rape, a witness arrived at the scene and Swartz fled the scene, it is further alleged. On the murder and rape charge the deceased was walking in the vicinity of the grave yard in Mariental when the accused pounced on her and raped her before he strangled her manually or with an object causing her to die on the scene. The 19-year-old rape victim suffered a deep cut in her face and has told the court in her evidence in chief that she suffers from severe headaches which started about three months after her ordeal.
Her mother testified yesterday that the affair has left her daughter traumatized. She said that the victim becomes confused sometimes and the headache leaves her weak. The mother also told the court that the claim by Swartz that he and the victim were in a secret relationship holds no water as her daughter was in a steady relationship and held no secrets from her.
One of the people that found the victim at the house of Swartz also testified yesterday that when he found the victim, she was partly naked and was bleeding profusely from a cut in her face.
Johannes Amseb told the court that he was awoken by screams during the early morning hours and when he investigated he came upon the house of Swartz where he and another witness, Josefina Rooi found the victim and took her to her mother’s house where the police was called and the victim taken to the Mariental hospital for treatment. Swartz was arrested near the end of October 2016 and has remained in custody ever since. He is represented by Gert Appolus, instructed by the legal aid directorate and state advocate Marthino Olivier represents the prosecution.
2019-02-28 09:18:16 4 months ago