A resident of Tses in the Keetmanshoop District convicted on one count of murder, one count of rape, one count of defeating or attempting to defeat the course of justice, one count of assault by threat, but acquitted on a count of attempted murder by Windhoek High Court Judge Nate Ndauendapo late last month, yesterday swore at court interpreter Gertrud Araes when she asked him if he wants to speak with his legal aid lawyer.
This came mere seconds after Judge Ndauendapo postponed the pre-sentence hearing of Jesaja Boois, 47, after he informed the court that he cannot continue as he is not feeling well. “I have a severe headache and I am not eating,” Boois said after the judge enquired whether he is well enough to testify in mitigation of sentence. Boois, who first sat in the accused dock with his head down and then stood in the witness box also with his head down, spoke in a very soft voice which prompted the judge and his lawyer, Titus Mbaeva, to ask him to speak up.
When Judge Ndauendapo enquired from him whether he needed a postponement, Boois answered” “I don’t care, you can do what you want.”
He was convicted of the rape and murder of Bonaventura Jahs in Tses during the period September 2 to September 3, 2014. He was further convicted of assault by threat for threatening to stab his ex-girlfriend Anna Marie Links with a wine bottle on Tuesday September 02, 2014, but was acquitted on 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 a broomstick on the head and stabbing him on the head with a broken piece of the broomstick.
He was also convicted on a charge of defeating or obstructing, or 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 purple leggings and hiding the deceased’s dress/blouse in a culvert pipe as well as hiding the deceased’s cellphone 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.
During the conviction, Judge Ndauendapo said 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 further said that it was proven that 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.
The matter will now continue today and the mother of the deceased is expected to testify in aggravation of sentence.
Boois has previous convictions of murder, housebreaking, rape and arson.
Advocate Ethel Ndlovu represents the State and Boois remains in custody at the section for trial-awaiting inmates at the Windhoek Correctional Facility.
2018-08-29 14:08:20 5 months ago