One of the two men on trial for raping and stoning to death a schoolgirl and dumping her body in the bush in Windhoek nearly seven years ago has been convicted in the High Court.
High Court Judge Boas Usiku convicted Ruben Fritz (24) on a charge of murder, rape, robbery with aggravating circumstances and obstruction of justice for the rape and death of 18-year-old Alwina Uri-Khos on 28 March 2013.
The court, however, discharged Fritz on a charge of rape on diverse occasions, citing that there was not sufficient evidence that constituted two separate acts of rape.
Usiku indicated Fritz was found guilty by his own admission, which led to the discovery of the victim’s body.
“From the evidence deduced, I find that accused two (Fritz) admitted to witnesses that he killed the deceased, and further find that such admissions were made voluntarily,” said Usiku.
The court further ruled that Fritz’s DNA was found on the victim’s underwear, bra, finger web, vestibula and a vulva swab – evidence that he had sexual intercourse with the victim.
Handing down judgement, Usiku discharged Fritz’s co-accused Fransiscus Narimab (33) of all charges he faced.
Usiku came to the conclusion that the State failed to prove its case against Narimab beyond reasonable doubt.
“There is no evidence that establishes that accused one (Narimab) was present at the scene when accused two (Fritz) raped, murdered and robbed the deceased,” explained Usiku.
Usiku further indicated Narimab could not be guilty as an accessory after the fact as there is no evidence that suggests that his actions enabled Fritz to evade liability for his crimes.
It was revealed during the trial that the victim was last seen in the company of the two men at a local shebeen.
However, two days later Fritz confessed to his mother that he had killed someone. He told his mother that the victim’s body was still in the Goreangab dam area.
Fritz had also robbed the victim of her cellphone, SIM card, pair of shoes and trousers. It is further alleged that the two destroyed the SIM card and sold the cellular phoneFritz allegedly only confessed after he started hearing the victim’s voice. According to the post-mortem report, the victim had multiple, severe skull fractures. The report concluded that the victim died from severe head injuries associated with blunt force trauma.
Through police investigations, it was discovered that the victim was hit multiple times with a stone weighing 21kg.