WINDHOEK, 17 JUL – A South African truck driver on trial in the High Court for allegedly raping and murdering a 56-year-old woman here four years ago, on Tuesday asked for a discharge, claiming the prosecution did not provide prima facie evidence linking him to the alleged rape and killing incident.
The State alleges that Willem Wimpie Februarie raped and murdered Windhoek resident, Dinah Diedericks at her home in Windhoek West on 21 June 2014.
The 38-year-old Februarie, through his State-funded defence lawyer Mbanga Siyomuinji, brought an urgent application at the closing of the prosecution’s case and in terms of Section 174 of the Criminal Procedures Act of 1977 in which he asked the court to set him free.
“There is no prima facie evidence presented before court showing that the accused was the actual person who committed the offences. The majority of the State witnesses were also not credible witnesses and misled the court with contradictory testimonies,” Siyomuinji said.
Meanwhile, State Advocate Salomon Kanyemba asked the court not to entertain Februarie’s request for discharge because the accused was allegedly the last person seen in the company of the deceased on the day of the incident.
Judge Shivute will give a ruling in respect of the application for discharge on 21 August 2018.
Februarie has already denied committing the offence when he entered a not guilty plea to the charges of rape, murder and crimen injuria at the start of his trial on 05 April 2018.
The accused was arrested on 22 June 2014, a day after Diedericks was found dead outside her home.
According to the police, she was killed by way of manual strangulation shortly after she was allegedly sexually violated.
It is further reported that Februarie was the last person seen with the deceased, while mobile telephone records indicate that he was also in the vicinity of Windhoek West from about 20h00 to 23h00 on the evening of 21 June 2014, when Diedericks was killed.
Februarie remains in police custody at the Windhoek Central Correctional Facility until 21 August 2018.
(NAMPA)
Truck driver facing rape and murder charges asks for discharge
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