2015-09-30Staff Report 2 Windhoek A resident of Omaruru in the Erongo Region was last Friday convicted of murder. Handing down the conviction in the Windhoek High Court, Judge Nate Ndauendapo ordered the bail of Wencel Gawanab cancelled, and remanded him in custody until his next court appearance on October 19, for sentencing. Gawanab was convicted for the death of Quintus Llewellyn Reginald Gaingob, who died in the Omaruru State Hospital on November 6, 2010 According to the charge sheet he stabbed Gaingob at least nine times on his head and over his body during the late night hours of Sunday October 31, 2010 or the early morning of November 1, 2010 at a shebeen in Hakahana location in Omaruru. The deceased was admitted to the Omaruru State Hospital, where he succumbed to his injuries on November 06, 2010. Gawanab admitted he stabbed the deceased, but denied he had the intention to kill him. He was granted bail in the amount of N$1 000 three days after the incident. In his plea explanation Gawanab stated he stabbed the deceased in self-defence and also claimed the deceased’s death was caused by his own actions when he removed a pipe that was inserted to drain fluid from his lungs. According to evidence presented during the trial, Gawanab held the deceased – whom he claimed was his friend – on his collar and repeatedly stabbed him until the deceased fell down, whereafter the accused and his mother took the deceased to hospital. The doctor who attended to the deceased testified the deceased had nine stab wounds to the back and the blade of the knife was lodged in his back. Doctor Chipamba informed the court that after two days the deceased removed the tube, and that he (the doctor) re-inserted the tube, but after the deceased attempted to remove the tube again and when he arrived, he found him dead. State witnesses who were at the scene of the stabbing testified that the accused was the aggressor during the altercation, the judge said. According to him, evidence was produced that the accused went looking for the deceased and was angry about an incident at the accused’s house involving the deceased and the mother of the accused. According to the judge, the totality of the evidence disproved Gawanab’s version that he was merely trying to defend himself when he stabbed the deceased. On the defence that the deceased caused his own death when he removed the pipe, the judge said that on the evidence of the doctor who first examined the deceased and the doctor who performed the autopsy, he could not find anything to suggest the deceased died as a result of him removing the pipe, and as a result that defence was also rejected. In the end, the judge said, he was satisfied the State represented by Deputy Prosecutor General Ingrid Husselman proved the guilt of Gawanab beyond a reasonable doubt. Gawanab was represented by Christian Nambahu on the instructions of legal aid after his private lawyer, Marinus Scholtz, withdrew because of a lack of funds. 2015-09-30Staff Report 2
