WINDHOEK - Windhoek High Court Judge Nate Ndauendapo Friday convicted a resident of Tses in the Keetmanshoop District on one count of murder, one count of rape, one count of defeating or attempting to defeat the course of justice and one count of assault by threatening.
Judge Ndauendapo also acquitted the accused on a count of attempted murder.
Jesaja Boois was charged with the rape and murder of Bonaventura Jahs in Tses during the period September 2 to September 3, 2014. He was also charged with assault by threat for threatening to stab his ex-girlfriend Anna Marie Links with a wine bottle on Tuesday September 2, 2014 and further faced a charge of attempted murder for allegedly attacking Lesley Tiboth in the holding cells at the Tses Police station by pushing him and slapping him in the face as well as hitting him with broomstick on the head and stabbing him on the head with a broken piece of the broomstick.
He was also charged with defeating or obstructing of attempting to defeat or obstruct the course of justice by cleaning up the ground around the deceased’s body, dressing the deceased’s body with a purple legging and hiding the deceased’s dress/blouse in a culvert pipe as well as hiding the deceased’s cell phone and sim card by burying it in the ground. According to the State, Boois did all this to frustrate police investigations into the disappearance and possible murder of the deceased.
According to Judge Ndauendapo, the only person that was with the deceased shortly before she died was the accused and the only reasonable inference to be drawn was that he is the one who suffocated her. He further said that DNA evidence has proven that the sperm of Boois was found in the private parts of the deceased which proved that he raped her.
With regard to the assault by threat conviction, the judge said the evidence of the witness was unchallenged and he is therefore guilty on that score. Judge Ndauendapo said it was proven the place where the body of the deceased was found was cleaned and her leggings were inside out and it could only have been the accused who did that and he therefore defeated the course of justice. With regards to the charge of attempted murder, the judge said there was no evidence to dispute his version that he acted in self defence when he hit Tiboth in the head with a stick and the court can thus not find him guilty. Tiboth died before the trial started.
According to Judge Ndauendapo, while the State’s case hinged on circumstantial evidence as there was no eyewitnesses, the only reasonable inference that can be drawn from the evidence presented is that it was Boois who raped and killed the deceased and tried to defeat the course of justice.
“The accused was seen quarrelling with the deceased on the evening of September 2, 2014, he said and continued: MaryAnn Cloete testified that they heard the deceased telling the accused that ‘as long as I am alive, you won’t have sex with me, over my dead body will you have sex with me. Accused then replied: You are lying, I will show you.
Other State witnesses also heard Boois telling the deceased ‘tonight you will see, I will f*&ck you and that he threatened to stab the deceased. That evidence of threats to stab and f*&ck the deceased from the accused is relevant and admissible because it demonstrated what the accused’s intention towards the deceased was at that stage, Judge Ndauendapo stated.
The matter will continue on August 28 with pre-sentencing procedures and Boois remains in custody at the Windhoek Correctional Facility’s section for trial awaiting inmates.
Advocate Ethel Ndlovu represented the State and Titus Mbaeva represented Boois on instructions from legal aid.
New Era Reporter
2018-07-30 09:30:38 | 2 years ago