American unfit for murder trial

American murder suspect Marcus Kevin Tomas, who is charged with the killing of Windhoek resident Andre Heckmair in January 2011, is unfit to stand trial, the High Court heard yesterday. This is according to a report by Windhoek psychiatrist Dr Ndahambelela Frederika Mthoko. “Marcus Tomas knows he is in Namibia, but does not know how he came to Namibia. He is struggling to recall all the information given to him. He does not recognise he has memory problems,” reads the summary of the report. “He has problems with following instructions. As a result, Marcus Kevin Tomas is not fit to stand trial. He is not fit to understand and follow court proceedings.” However, Deputy Prosecutor-General Antonia Verhoef said a number of things contained in the report are not clear to the State and she therefore asked the court that Mthoko be subpoenaed to appear before court on June 25 in order to explain her report properly. The 29-year-old Tomas, who indicated in November last year that he wanted to plead guilty to the murder of Heckmair, was admitted to the Windhoek Central Hospital’s Psychiatric Section for a 30-day mental health evaluation. Verhoef presented the psychiatric report in court on Wednesday when Tomas and his co-accused, fellow countryman Kevan Donell Townsend, 28, made another appearance. The two Americans each face a charge of murder, robbery with aggravating circumstances, the unlawful import of a firearm into Namibia, the illegal possession of a firearm, the illegal possession of ammunition and attempting to defeat or obstruct the course of justice. The main trial is expected to resume in the Windhoek High Court before Judge Christie Liebenberg on July 20. Tomas is now represented by defence lawyer Monty Karuaihe following the withdrawal of his first State-sponsored defence lawyer, Werner van Rensburg, from the case on November 12, 2014. Townsend, who is represented by Windhoek lawyer Joshua Kaumbi, still denies any involvement in the killing and has entered a plea of not guilty to the six charges against him. During their first court appearance on January 14, 2011, Townsend denied knowing Heckmair, claiming that he first heard that name after his arrest. According to the police, Heckmair was scheduled to return to Europe for studies after spending a holiday with his family in Namibia but was found dead behind the wheel of a Toyota Land Cruiser at a cul-de-sac in Klein Windhoek on January 7, 2011. Investigations led the police to a guesthouse in Windhoek West, where they arrested the two Americans later that day. The police have been unable to locate the murder weapon or the mobile phone and a wallet containing at least N$1 000 that were missing from Heckmair’s car. Townsend told the police that he is from New York, while Tomas said he lived in Los Angeles. The two are being held in the Windhoek prison with no option to post bail. WINDHOEK NAMPA