Guilty!

"Based on circumstantial and direct evidence, I have come to the reasonable conclusion that the accused committed the murder with direct intent and a common purpose."

These were the words of Judge Christie Liebenberg in the Windhoek High Court yesterday when two American nationals were found guilty of murder.

He found Marcus Thomas and Kevan Townsend guilty of the assassination of 25-year-old André Heckmair on 7 January 2011 in Windhoek.

Peter and Birgit Heckmair had to wait 12 years for justice to be served after the murder of their son, and, after yesterday's verdict, they told Namibia Media Holdings that they are pleased with the outcome and will now wait to hear the sentences.

Murder weapon

Although the murder weapon was never found and the Americans could not be placed at the murder scene, Liebenberg found that much of the circumstantial evidence pointed to the same thing and contributed to the likelihood that it is the truth.

He looked at all the evidence holistically before making his decision, he said.

Liebenberg pointed out that Thomas and Townsend had pleaded innocent, provided no explanation, exercised their right to remain silent and did not call any witnesses.

"They simply denied the charges... Their silence strengthened the State's case," the judge said in his statement.

Some of the compelling circumstantial evidence that emerged during the trial related to a 7.65mm firearm that witnesses claimed the Americans had purchased in Namibia. Heckmair's post-mortem examination determined that he had been shot with the same calibre firearm.

Although no bullet casings were found at the murder scene, a spent cartridge was found in the Americans' guesthouse room.

According to one of the state witnesses, Thomas and Townsend paid an outstanding amount for the firearm on the day of the murder.

When asked what they had done with the firearm, Thomas allegedly replied "I used it and then tossed it".

Heckmair's sister, Bianca, testified during the trial that her father had given him a 100 Swiss franc note, and it was still in his wallet on the day of his murder.

A 100 Swiss franc note was found in their room after the men were arrested.

"There is no evidence that it was the same note, but it is an aspect the court considered," Liebenberg's statement read.

Verdict

Apart from the murder charge, Thomas and Townsend were also found guilty of one count of theft and two charges related to the unlawful possession of a firearm and ammunition.

Thomas was found guilty of an additional charge of defeating or obstructing the course of justice, as well as a charge related to the illegal importation of gun barrels. Townsend was found not guilty of the importation charge, but was found guilty of the alternative charge of unlawful possession.

And so the protracted trial, which began in November 2014, is coming to an end, with the parties scheduled to appear in court again on 18 September.

During this hearing, state prosecutor Antonia Verhoef will argue why Thomas and Townsend should receive a severe sentence, while the defence will argue for a lighter sentence.

Afterward, a date for sentencing will be scheduled.

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