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Namibia: Duo Deny Murder of Goldsmith
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The Namibian (Windhoek)
16 May 2008
Posted to the web 16 May 2008
Werner Menges
Windhoek
THE trial of two men accused of robbing and murdering an elderly goldsmith in his house at Okahandja more than five and a half years ago finally started in the High Court in Windhoek this week.
In the dock before Acting Judge John Manyarara with the start of the trial were Joseph Gerson Gariseb (25) and Deon Garoëb (24).
They are facing a charge of murder and a count of housebreaking with intent to rob and robbery with aggravating circumstances, to which both of them pleaded not guilty on Wednesday.
Gariseb and Garoëb are accused of murdering Ludwig Frans Wojatschek, a 79-year-old goldsmith, in his house at Okahandja between September 14 and 15 2002.
It is alleged that they broke into Wojatschek's home and bludgeoned him with a wheel spanner, a firearm and other blunt objects.
They then robbed him by stealing a .22 pistol, a videocassette recorder, jewellery consisting of seven gold rings, a watch, an unknown amount of cash, clothing and a pair of shoes from him, it is further alleged.
Gariseb is denying all the allegations against him, his defence counsel, Vincent Olivier, told Acting Judge Manyarara after the two charged men had given their pleas to the charges.
Garoëb's lawyer, Profysen Muluti, told the court that Garoëb is saying that he was not at Okahandja on September 14 and 15 2002, and that he is accordingly also denying the allegations against him.
Acting Judge Manyarara heard the testimony of only one prosecution witness before the trial was postponed to November 4.
Medical doctor Elizabeth Shangula, who performed a post-mortem examination on Wojatschek's body on September 16 2002, told the court that Wojatschek died as a result of blunt trauma to his head and face, as well as shock due to bleeding.
She said she found seven lacerations, measuring between one and two centimetres in length, on Wojatschek's face and head, where bruises were also found.
She saw that Wojatschek's nose had been broken, and also observed two linear skull fractures at the base of his head.
These fractures, she explained, could have been the result of the force that broke Wojatschek's nose being transmitted to that part of his head.
In her opinion, "moderate to excessive" force had been used to inflict the injuries.
Dr Shangula said she also found blood in Wojatschek's stomach and his oesophagus.
It is most likely that he had swallowed some of the blood from his bleeding nose, she said.
State advocate Sandra Miller had a tyre lever that is about 45 centimetres long, which the prosecution intends to introduce as an exhibit in the trial, shown to Dr Shangula.
The doctor said it was possible that the cut wounds on Wojatschek's head could have been caused by the sharp ends of this tool.
The trial is scheduled to continue from November 4 to 21.
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Both charged men remain in custody.
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