Windhoek-One of the two young men initially implicated in the rape and murder of a schoolgirl and dumping her body in the bush between Shandumbala and Western Bypass in March 2013, has been set free.
Fransiscus Dimitri Narimab, 24, was released yesterday in a ruling handed down by Acting High Court Judge Boas Usiku following his successful application for discharge, which was brought before court by his State-funded defence lawyer Mbanga Siyomuinji.
The defence brought the application for discharge at the closing of the prosecution’s case last week in terms of the provisions of Section 174 of the Criminal Procedure Act of 1977 that deal with acquittal of an accused.
Initially, Narimab was on trial in the High Court alongside Ruben Fritz, 17, for the rape and murder of Windhoek schoolgirl Alwina Uri-Khos during the evening of March 28 to 29, 2013.
The victim’s body was found dumped in the bush between Shandumbala residential area and the Western Bypass.
Narimab was set free after he was acquitted on a charge of murder, two counts of rape, robbery with aggravating circumstances and defeating or obstructing or attempting to defeat the course of justice in respect of the death of the girl.
“Accused Fransiscus Narimab has applied to be discharged in terms of Section 174 of the Criminal Procedure Act of 1977 at the close of the case for the prosecution. The court is thus holding that there is no prima facie evidence presented by prosecution before court upon which a reasonable court may convict the accused person. In the result, the application for discharge is granted and the accused person is, therefore, discharged on all charges he was facing,” said Acting Judge Usiku as he set the young man free.
In the main matter, the rape and murder of the schoolgirl four years ago sent shockwaves through the Katutura suburbs of ‘Damara Location’ and Shandumbala at the time.
According to a summary of substantial facts contained in the charge sheet, during that fateful night, Uri-Khos was in the company of Narimab and Fritz and they were seen socialising at different shebeens in Shandumbala.
She was allegedly raped twice after socialising at the different shebeens in Shandumbala.
On the charge of robbery with aggravating circumstances, the State alleges that Uri-Khos was thrown to the ground, hit with stones and other unknown objects and robbed of her mobile telephone, a pair of shoes and trousers. The victim was strangled to death after she was hit with rocks on the head and due to the blunt force impact trauma she died on the spot.
Accused Fritz now remains alone in the case, which was remanded to Friday for the continuation of trial.
Sampson Enkali is defending Fritz, while State Advocate Ethel Ndlovu appears for the prosecution.
Fritz was remanded in police custody at the Windhoek Central Correctional Facility until his next court appearance on Friday.