Franklin Savage, the man who allegedly brutally raped and mutilated a woman in the Rehoboth Post Office on December 03, 2010 yesterday denied he made any incriminating statements to the police in Rehoboth.
The State wanted to enter into evidence certain admissions Savage allegedly made to Warrant Officer Lydia Hochtritt and Sergeant Elina Johannes.
Savage denies he made such statements and said he told the police officers he needed a lawyer and that he is not guilty.
He further claims in any event if he made an incriminatory admission it is not admissible because he was not advised of his rights at that stage.
Johannes and Hochtritt however had a different story to tell.
They say Hochtritt booked Savage out of his cell the day after the incident and told him they need to take him to the hospital for an examination.
Hochtritt then advised Savage of his legal rights including the right to a state funded lawyer if he cannot afford one.
They also said Savage was advised of his right to keep silent and not to incriminate himself and anything he says might be written down and used against him in a court of law.
The witnesses were in unison Savage clearly told them that he understood his legal rights.
He was then taken to the hospital, they said and after the examination was completed he was returned to the police station and was again informed of his rights before a statement was taken from him. Before that, however, he made the admissions which are now in dispute, Judge Dinah Usiku was told.
The witnesses was not allowed to divulge the content of the admissions until the court decided on it admissibility.
After that the two arresting officers testified that Savage was informed of his rights when he was arrested in a riverbed close to the scene of the alleged crime. Both Constable’s Mekandjo Samuel and Jeremia Shapaka testified that when they apprehended Savage he was covered in blood and he could not explain its source. The doctor who examined the complainant already told the court he sustained a deep wound of at least 6cm in diameter which was bleeding profusely. Franklin Savage allegedly raped the complainant violently and also cut her private parts with a broken bottle.
He faces charges of rape, kidnapping, using means to overcome a female for immoral purposes.
He already pleaded not guilty to all charges during his first appearance before Judge Usiku.
On the first rape charge it is alleged Savage raped the complainant – who may not be named – near the Rehoboth Primary School on or about November 28, 2010.
In the second incident that sent shockwaves through the community of Rehoboth, it is alleged Savage violently raped the complainant and stabbed her in her private parts with a broken bottle.
The case continues with Bronell Uirab appearing on behalf of Savage on instructions from legal aid and State Advocate Cliff Luthibezi appears on behalf of the State.