WINDHOEK, 26 NOV – United States of America national Marcus Kevin Tomas who is facing a charge of murder in connection with the killing of Windhoek resident Andre Heckmair in 2011, is now fighting to be released on bail.
The hearing of Tomas’s formal bail application was scheduled to kick off before Acting High Court Judge Ileni Velikoshi on Monday morning, but could not proceed because his newly privately-instructed defence lawyer, Trevor Brockerhoff, still needs to obtain an evidence statement from one of his client’s witnesses who is reportedly now out of Windhoek.
The hearing was postponed to Wednesday as per agreement between Brockerhoff and Deputy Prosecutor-General Antonia Verhoef in court Monday.
Meanwhile, Verhoef is opposing bail on grounds that the American is a flight risk and can easily run away from Namibia to his native country or other countries once released on bail in efforts to evade prosecution, owing to the seriousness and the complexity of the charges he is facing.
The 29-year-old Tomas is charged in the matter alongside countryman Kevan Townsend, 28. Townsend is not part of this bail application.
In the matter, the two accused men each face six charges of murder; robbery with aggravating circumstances; unlawful importation of a firearm into Namibia; illegal possession of a firearm; illegal possession of ammunition; and attempting to defeat or obstruct the course of justice.
Townsend and Tomas are the only names mentioned by the Namibian Police Force (NamPol) so far in connection with the investigation into the murder.
According to the police, Heckmair was found dead behind the wheel of a Land Cruiser pick-up in a cul-de-sac in the Klein Windhoek residential area on 07 January 2011.
Investigations launched by the police led them to Townsend and Tomas. They were arrested on 13 January 2011.
The duo made their first court appearance on 14 January 2011.
NamPol’s crime investigations coordinator for the Khomas Region, Deputy Commissioner Sylvanus Nghishidimbwa said at the time the police had been unable to locate the murder weapon or the mobile phone and wallet containing at least N.dollars 1 000 that were missing from Heckmair’s car.
Townsend told the police that he is a resident of New York, while Tomas said he lives in Los Angeles.
The two Americans are held at the Windhoek Correctional Services facility, with no option to post bail. – NAMPA