Murder, rape judgment deferred

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Windhoek

The judgement in the matter in which a Keetmanshoop resident faces a charge of murder and rape from two separate incidents during 2009 will be delivered early next month.
The judgement was supposed to be delivered on Wednesday this week, but High Court Judge Nate Ndauendapo presiding over the case was unable to finish writing the verdict on time due to other official commitments.

Ndauendapo said the judgment would be delivered on June 9.
Marius Thomas, 33, stands accused of the murder of farmworker Likius Ngesheya between February 25 and 26, 2008 at farm Kaalvlakte in the Bethanie district in the //Kharas Region. He allegedly committed murder after he hit Ngesheya with a pickaxe.

After the alleged killing of the farmworker, Thomas then allegedly stole the Ford Courier bakkie Ngesheya was driving at the time, which belonged to Jacobus Hendrik Oosthuizen. He faces charges of murder, rape, robbery with aggravating circumstances, kidnapping and indecent assault. He is also charged with the rape of a woman at farm Gellap Ost in the Keetmanshoop district during August 2009. It is alleged Thomas had sex with the complainant without her consent. It is further alleged he tied up the victim with ropes and threatened to stab her and another woman.
Thomas is also charged with stealing a Nissan 1400 bakkie and approximately N$2 700 in cash, all of which belonged to the rape victim.

Late March the State and the defence delivered arguments on the judgment to be delivered.
Monty Karuaihe, who appears for Thomas on instructions of the Directorate of Legal Aid, told the court his client should be acquitted on the two charges.

He said Thomas acted in self-defence when he struck the deceased with a pickaxe handle and he then left with the deceased’s vehicle to seek help.

State Advocate Jack Eixab told the court the State had proven beyond a reasonable doubt Thomas murdered Ngesheyaa and was the one who put the complainant in the rape and kidnapping charge through her hellish ordeal.
Thomas remains in custody.

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