Gang murder trial deferred  to 2020

WINDHOEK - The trial of five men accused of the gruesome murder of Okahandja resident Marshall De Klerk nearly 11 years ago will resume in the Windhoek Regional Court in February 2020.

The case, meant to resume yesterday in Windhoek Regional Court, was postponed to 24 February 2020 for the presiding magistrate to be available.

The group consists of Fillupus Ai-Aiseb, 25, Seth Awaseb 28, Hartley Nanub 32, Gideon Naobeb 32, and Collin Naraseb 26.

The men are on trial on charges of murder and assault to do grievous bodily harm for the death of Klerk in April 2008. 

The substantial facts contained in the charge sheet states that the accused youths did “unlawfully and intentionally kill De Klerk near Lucas Shebeen in Okahandja by cutting him with a panga and spears, and stabbing him with knives all over his body, causing his death”. 

De Klerk died from excessive bleeding due to the cuts and slashes on his body. His body was discovered with multiple stab wounds and slashes. The group denied any wrong doing at the start of their trial when they took a no guilty plea to the charges.

However, the first state witness Medusalem Gawanab places all the accused, except Ai-Aiseb, at the scene of the crime on the date in question. According to Gawanab’s testimony, he was in the company of the accused person at a local shebeen in Okahandja when an argument erupted between the deceased, Awaseb and Nanub. The accused were allegedly drinking alcohol.

He allegedly saw Awaseb and Nanub walk towards the deceased with a panga and axe. Thereafter, the whole group followed suit. It was his testimony that he saw the accused assault the deceased.  He further testified that the accused talked about killing De Klerk while they were all in police custody.

The accused are being represented by prominent defence counsel Trevor Brokerhoff and Flora Gaes. Menecia Hinda is prosecuting for the state.