Despite then DNA evidence directly implicating him to the rape and murder of Lodge Manager Fiona Ann Holton the man convicted of the crimes are still pronouncing his innocence and says the police planted the incriminating evidence.
During the submissions of the sentence to be imposed on Jesaya Nicanor, 40, his State funded lawyer, Mese Tjituri informed the court that his client continues to claim that he did not rape and kill Holton and that the only explanation for his DNA on the private parts of Holton was that the police must have put it there to frame him.
Samples of his DNA were found inside the vagina of Holton and her blood was found on a pair of shorts Nicanor wore the day of the incident.
Tjituri asked the court to be lenient and to impose a sentence that will allow Nicanor to rehabilitate and return as a valuable member of society. He told the court that before his arrest Nicanor was a contributing member of society who worked to support his mother and also contributed to the needs of his children.
According to Tjituri, his client has 17 children with 14 different women.
While he realise that a custodial sentence is inevitable, Tjituri said, he would leave the period in the hands of the court.
State Advocate Felisitas Sikerete-Vendura on the other hand asked the court to remove Nicanor from society for a very long time. She suggested 35 years for the murder and 18 to 20 years for the rape and asked that the sentences should run consecutively.
According to her, Nicanor still maintains his innocence despite the overwhelming evidence against him and has shown no remorse for his heinous deeds.
According to her his “monstrous’ crimes has not only robbed the family of the deceased of a loved one, but robbed Namibia of a contributing member.
Sikerete-Vendura further said that Nicanor do not deserve any mercy from the courts as he did not show any mercy to his victim whom he left in an undignified manner with her private parts exposed.
Nicanor was found guilty by Judge Christi Liebenberg in the Windhoek High Court of the rape and murder of a Holton in 2008 just before she was to take up the position of manager of the Safari Camp outside Outjo.
In his judgment Judge Liebenberg said there is no doubt that is was Nicanor who raped Holton and therefore it has to follow to he was the one who killed her.
He was however acquitted on the charges of breaking and entering and defeating the course of justice.
Nicanor, 40, was charged with the murder and rape of Holton as well as defeating or obstructing or attempting to defeat or obstruct the course of justice for washing and/or hiding a pair of beige Bermuda camouflage pants the police asked for.
The State alleges Nicanor killed Holton during the night of September 20 to 21, 2008.
DNA evidence led by the State through Marlyn Swart from the Namibian Forensic Science Institute confirmed the presence of Nicanor’s semen inside the private parts of Holton as well as a blood spot found on his bermuda shorts.
Judge Liebenberg found the evidence adduced during the trial established that the samples were not tampered with and thus excludes the possibility of contamination during the process of analysis.
According to the judge the analysis presented findings that positively identified Nicanor as the deponent of the DNA found on and inside the private parts of the deceased.
Judge Liebenberg reserved his sentence until September 06 at 10h00 and Nicanor is in custody at the Windhoek Correctional Facility’s section for trial-awaiting inmates after his bail was cancelled on his conviction.