Namibia: Murderer Admits Killing Teen but Denies Rape

5 November 2018

Windhoek — Mariental resident Hendrik Atab Swartz admitted that he killed 16-year-old Estonovia Games near a cemetery at Mariental between October 19 and 21, 2016, but denied other charges, including rape, before Windhoek High Court Judge Dinnah Usiku.

In addition to murder, he also faces two charges of rape, two counts of attempted murder, another count of rape, alternatively crimen injuria, and one count of assault with intent to do grievous bodily harm.

Swartz admitted that he killed the teenager, but denied the other charges saying he did not rape anyone nor did he try to kill anyone.

According to the state, Swartz raped and attempted to murder a 19-year-old woman in his shack at Mariental on May 1, 2013 as well as attacked a 12-year-old girl at the town on March 25, 2016, and that he strangled and raped her before a witness came to her rescue and he fled the scene.

The assault charge stems from the attempted murder and rape charge involving the 19-year-old woman. According to the indictment, the complainant and friends were walking towards Aimablaagte in Mariental when the accused came towards them with an open knife and made stabbing motions towards one Stephanus Thomas, who avoided being stabbed by moving out of the way.

Swartz then chased the 19-year-old complainant with the open knife and eventually took her to his shack and stabbed her with the knife as well as strangled her and stuffed a piece of material into her mouth. It is further stated in the indictment that the victim lost consciousness and Swartz raped her.

Concerning the rape charge involving the 12-year-old complainant, it is alleged that the victim was walking home alone in Ombili location in Mariental when Swartz attacked her and tied her hair band around her neck to strangle her and proceeded to rape her. During the rape, a witness arrived at the scene and Swartz fled the scene, it is further alleged.

On the murder and rape charge it is alleged that the deceased was walking in the vicinity of the graveyard in Mariental when the accused pounced on her and raped her before he strangled her manually or with an object causing her to die on the scene.

Swartz was arrested near the end of October 2016 and has remained in custody ever since. He is represented by Gert Appolus, instructed by the legal aid directorate and state advocate Marthino Olivier represents the prosecution. The matter has been postponed to February 25 next year and is set to run until March 1 for continuation of trial.

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