Thomas Guilty of Rape As Charged

Marcus Thomas, the Keetmanshoop resident accused of murder and rape in two separate incidents during 2009, was convicted on both counts yesterday.

Judge Nate Ndauendapo convicted Thomas, 34, of the murder of Likius Ngesheyaa at the Farm Kaalvlakte in the Bethanie District during the night of February 25 to 26, 2009.

On the charge of robbery with aggravating circumstances for allegedly stealing a Ford pick-up (bakkie) after the murder, Ndauendapo acquitted him, but found him guilty on the alternative count of unlawful use of property.

According to Ndauendapo, the State did not prove that Thomas robbed the deceased of his vehicle.

Thomas was further convicted of rape and robbery with aggravating circumstances for an incident that happened at Farm Gellap-Ost in the Keetmanshoop District.

Ndauendapo said that he is satisfied that the State proved beyond a reasonable doubt that Thomas robbed the complainant and her daughter of a Nissan 1400 pick-up and N$2 700 in cash on August 3, 2009. He was also convicted of kidnapping and indecent assault in relation to the same incident.

According to the State, after raping the elderly woman, Thomas forced her to go with him and while driving forced the complainant to touch his privates during the trip from Gellap-Ost.

Ndauendapo did not mince his words when he convicted Thomas, calling him a habitual liar who tried to come across as a victim.

According to the judge, his claim that he killed his first victim in self-defence was clearly an afterthought.

“The accused did not claim self-defence in his statement before Magistrate Siboleka, as he then was and neither during his lower court proceedings,” Ndauendapo stated and added that it clearly illustrates that it is an afterthought meant to mislead the court.

“Even if he did hit the deceased in self-defence, he clearly went beyond the legal threshold when he repeatedly beat the deceased who was down and out, the judge stressed.

He went on to say that while Thomas vehemently denied that he was the one who put the elderly woman through her hellish ordeal, the complainant positively identified him as her tormentor.

He said that the complainant was a credible witness who gave her testimony in a clear and precise manner while Thomas tried by all means to manipulate the truth to suit his ends.

According to Ndauendapo, the fact that Thomas maintained his innocence to the end shows that he had no intentions of owning up to his deeds.The accused tried to hide behind unrealistic claims of self-defence and mistaken identity to disown his barbaric actions, the judge said.

Thomas will now have to come back to court next Monday for submissions on the sentence to be meted out on him.

Monty Karuaihe represented Thomas on instructions from Legal Aid while State Aocate Jack Eixab appeared on behalf of the State.

Source : New Era