DNA results free accused
17 March 2017 | Local News
Acting Judge Boas Usiku of the High Court in Windhoek, on an application for discharge submitted by Fransiscus Dimitry Narimab, ruled that there is no evidence on record upon which a reasonable court may convict him.
He consequently found that Narimab is not guilty on the charges of murder, two rape counts, robbery and defeating or obstructing the course of justice.
“From the outline of the evidence there is no direct or circumstantial evidence linking Narimab to the charges in question,” Usiku ruled.
The case related to the murder of Melody 'Alwina' !Uri?Khos between 28 and 29 March 2014 in the Shandumbala area of Katutura over the Easter weekend.
Usiku further added that in contrast there is evidence in the form of admissions made by the 21-year-old Ruben Fritz that he raped and murdered the deceased.
DNA evidence also only links Fritz to the charges.
He stands accused of murder, rape and robbery with aggravating circumstances.
According to the judge, the day following the gruesome events, Fritz together with Narimab sold the cellphone of the girl which according to evidence, he knew belonged to her as he had taken it from her.
He said the contention that there is evidence that Narimab was an accessory after the fact is not found in the evidence.
“There is no evidence before the court that he was aware of the fate of the deceased. Furthermore, no evidence was adduced contradicting his version that he did not know and/or could have known that the cell phone was a stolen object,” Usiku ruled.
He further said that there is no evidence that Narimab accompanied Fritz to sell the cell phone with the intention to assist him to escape a possible liability for robbery.
“There is no prima facie case established by the State against Narimab proving any of the elements of common purpose. No evidence placing him on the scene, no evidence that he was aware that a crime was being committed or had been committed,” he concluded.
He added that there is no evidence that Narimab was found in possession of any item that could link him to the commission of the crimes in question.