WINDHOEK – A young Mariental resident who was still a teenager when he allegedly killed his pregnant teenage girlfriend wants the court to grant him bail.
Charles Michael Swartz (21) was 19 years old when he allegedly killed 15-year-old Sara van der Westhuizen on October 03, 2012 in Mariental.
He further faces a charge of assault with intent to do grievous bodily harm in that during September 2012 he allegedly assaulted the deceased on various occasions by kicking her and beating her with steel wire on her back.
Swartz is also charged with assault by threat as it is alleged that on October 03, 2012 he threatened Anna Maria Baisako that he would kill her.
According to the summary of substantial facts in the indictment Swartz was warned by Constable Sylvanus Umati to stop assaulting the deceased on the day of the murder.
That evening he allegedly went to the parental house of the deceased and called her out. When she joined him, he stabbed her at least six times before she managed to run into the safety of the house but he followed her, according to the indictment. When the deceased tried to hide behind Baisako, Swartz allegedly threatened to kill her and then stabbed the deceased once more in the neck. Van der Westhuizen died as a result of multiple stab wounds to her neck and chest.
Swartz has been in custody since his arrest shortly after the incident. Yesterday his State appointed lawyer Mbanga Siyomunji trashed the evidence of the investigating officer in the matter, Sergeant Josef Isaacks, who objected to Swartz being granted bail.
Siyomunji attacked every objection of Isaacks and went as far as telling the officer that he deliberately misled the court to suit his own agenda.
“Tell the truth, it is you who do not want the accused to be released on bail,” Siyomunji told Isaacks.
After the officer told the court that it would not be in the interest of justice to grant Swartz bail as there is a fear that he might interfere with State witnesses, Siyomunji flat out told the officer that he had no way of substantiating the allegation.
When Isaacks said that another fear is that of abscondment, Siyomunji countered by saying that the accused has no ties outside Namibia and when Isaacks went on about the interest of society, Siyomunji wanted to know who in the Takarania society objected to Swartz being granted bail.
He wanted to know from the officer whether any protest or demonstration was held where the community objected to bail being granted to Swartz.
Isaacks said the family of the deceased gave him a letter demanding that the accused remain in custody. Judge Alfred Siboleka then postponed the matter to tomorrow for submissions on bail and remanded Swartz in custody.
By Roland Routh