Evidence, tests show Barnard suicide
Forensic tests and evidence have colluded to support the claim of an Aranos farmer that he was not responsible for firing the shot that killed his wife in April 2010.
Defence lawyer, Advocate Louis Botes (SC), in his final arguments at the close of the case on Monday argued that the court cannot rule out objective and factual evidence.
The results of testing by the National Forensic Science Institute of Namibia (NFSI) showed that gunshot residue was found on both hands of his late wife, Anette Barnard, after the shooting incident that claimed her life during the night of 9 to 10 April 2010.
Her husband, Willem Visagie Barnard, is accused of her murder.
Botes emphasised that the only inference which can be drawn is that the reason behind the fatal shot was suicide.
According to him, state witnesses testified about blood splatter on the hands of the deceased, that is, small spots of blood on her right hand and blood on the lower part of her left hand and added that this is not uncommon on a person who holds a firearm with both hands during firing.
“There is no evidence of blood splatters on Mr Barnard's hands whereas the state witnesses testified about such splatter on the hands of the Mrs Barnard,” Botes argued.
The murder weapon was found on the left side of Mrs Barnard's body after the fatal shooting incident.
Botes further told the court that there is no evidence supporting the possibility that in his state of intoxication Mr Barnard took the gun and shot at his wife.
“The accused is right-handed and there is no prime gunpowder found on that hand,” he stated.
He maintained that it is blatant lie that Barnard washed his hands after the shooting and stressed there was no gunpowder on his hands saying the state cannot get away from scientific facts.
“There is totality of evidence that the court can be satisfied with the accused's innocence and that in the absence of proper investigation the state cannot expect the court to speculate. There is not one fact that the shooting incident is inconsistent with suicide,” Botes argued.
He emphasised the state of intoxication cannot be disregarded because the accused does not have any recollection of the incident and he has a vague recollection of calling his daughter - a clear indication that he did not make up a story of what happened.
“The state witnesses knew that they do not have a case against the accused. They knew the real possibility that the deceased shot herself,” he emphasised.
The trial continues before Judge Naomi Shivute.
Cliff Lutibezi appears on behalf of the state.
FRED GOEIEMAN
Defence lawyer, Advocate Louis Botes (SC), in his final arguments at the close of the case on Monday argued that the court cannot rule out objective and factual evidence.
The results of testing by the National Forensic Science Institute of Namibia (NFSI) showed that gunshot residue was found on both hands of his late wife, Anette Barnard, after the shooting incident that claimed her life during the night of 9 to 10 April 2010.
Her husband, Willem Visagie Barnard, is accused of her murder.
Botes emphasised that the only inference which can be drawn is that the reason behind the fatal shot was suicide.
According to him, state witnesses testified about blood splatter on the hands of the deceased, that is, small spots of blood on her right hand and blood on the lower part of her left hand and added that this is not uncommon on a person who holds a firearm with both hands during firing.
“There is no evidence of blood splatters on Mr Barnard's hands whereas the state witnesses testified about such splatter on the hands of the Mrs Barnard,” Botes argued.
The murder weapon was found on the left side of Mrs Barnard's body after the fatal shooting incident.
Botes further told the court that there is no evidence supporting the possibility that in his state of intoxication Mr Barnard took the gun and shot at his wife.
“The accused is right-handed and there is no prime gunpowder found on that hand,” he stated.
He maintained that it is blatant lie that Barnard washed his hands after the shooting and stressed there was no gunpowder on his hands saying the state cannot get away from scientific facts.
“There is totality of evidence that the court can be satisfied with the accused's innocence and that in the absence of proper investigation the state cannot expect the court to speculate. There is not one fact that the shooting incident is inconsistent with suicide,” Botes argued.
He emphasised the state of intoxication cannot be disregarded because the accused does not have any recollection of the incident and he has a vague recollection of calling his daughter - a clear indication that he did not make up a story of what happened.
“The state witnesses knew that they do not have a case against the accused. They knew the real possibility that the deceased shot herself,” he emphasised.
The trial continues before Judge Naomi Shivute.
Cliff Lutibezi appears on behalf of the state.
FRED GOEIEMAN
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