'Missing' DNA report stalls murder case
A defence lawyer in a murder case has accused the State of not disclosing a forensic report, but it is unclear if such report exists.
The trial of Uunandapo Eliaser (29) who stands accused of a 2012 murder, has taken a new twist in the Oshakati High Court as the State is now accused of withholding documents from the defence.
Eliaser is accused of the murder of Wibartine Nambahu Ekaku (38), who was found dead on 20 March 2012 at Onghali village in the Ondangwa District in Oshana Region. He is also accused of robbery, rape and housebreaking.
At the start of yesterday's proceedings, Eliaser's lawyer, Phineas Nsundano, informed Judge Marlene Tommasi that the State had not disclosed all the documents of the case to him.
Nsudano said he would not be able to effectively cross-examine David Hangula, who was the investigating officer and is in court as a State witness.
Nsudano's argument is based on the absence of a forensic report on the results of DNA samples taken from a second accused who had been arrested on the same day as his client.
He said the report provided to the defence made reference to two accused persons' DNA evidence but the results of the second accused were not in the document.
Nsudano said it was unfair for the State to withhold the document from the defence counsel.
All charges against the second accused were dropped when the case was still at the lower court.
When Judge Tommasi asked prosecutor Johan Pienaar about the whereabouts of the second forensic report, he told the court that the State was not in possession of the document.
Pienaar was then instructed to inquire from the relevant office what had happened to the report.
He told the court that the head of the genetics section of the National Forensic Science Institute of Namibia, Maryn Swart, was on leave and would only be back in the office tomorrow.
He further said that there might not be a second report, as Swart had informed him telephonically that she had produced only one report.
Judge Tommasi then granted Nsudano's application for a postponement. The case will continue next Thursday.
KENYA KAMBOWE
Eliaser is accused of the murder of Wibartine Nambahu Ekaku (38), who was found dead on 20 March 2012 at Onghali village in the Ondangwa District in Oshana Region. He is also accused of robbery, rape and housebreaking.
At the start of yesterday's proceedings, Eliaser's lawyer, Phineas Nsundano, informed Judge Marlene Tommasi that the State had not disclosed all the documents of the case to him.
Nsudano said he would not be able to effectively cross-examine David Hangula, who was the investigating officer and is in court as a State witness.
Nsudano's argument is based on the absence of a forensic report on the results of DNA samples taken from a second accused who had been arrested on the same day as his client.
He said the report provided to the defence made reference to two accused persons' DNA evidence but the results of the second accused were not in the document.
Nsudano said it was unfair for the State to withhold the document from the defence counsel.
All charges against the second accused were dropped when the case was still at the lower court.
When Judge Tommasi asked prosecutor Johan Pienaar about the whereabouts of the second forensic report, he told the court that the State was not in possession of the document.
Pienaar was then instructed to inquire from the relevant office what had happened to the report.
He told the court that the head of the genetics section of the National Forensic Science Institute of Namibia, Maryn Swart, was on leave and would only be back in the office tomorrow.
He further said that there might not be a second report, as Swart had informed him telephonically that she had produced only one report.
Judge Tommasi then granted Nsudano's application for a postponement. The case will continue next Thursday.
KENYA KAMBOWE
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