Murder defendant Abraham Maasdorp asks Windhoek High Court Judge Claudia Claasen to discharge him in a Section 174 application as no credible evidence has been presented against him .
His legal aid lawyer, Mbanga Siyomunji, filed the petition last week.
Siyomunji argued that the state had failed miserably in its quest to
convict Maasdorp, 21, of a “crime he did not commit”. He further stated that the testimony of prosecution witnesses is so riddled with inconsistencies and contradictions that no reasonable person will believe them. In fact, he said, the testimony of the state’s star witness, who allegedly witnessed the stabbing, is completely a fabrication or figment of his imagination.
How can you, he asked, witness a stabbing and go home and sleep casually without reporting the stabbing to at least one person or helping the victim?
Furthermore, he argued, the sister at the clinic who attended to the victim testified that the injury was not life-threatening and had already healed by the time the victim complained of stomach pain and was hospitalized.
Maasdorp is accused of murdering his 10-week-pregnant girlfriend by stabbing her once in the chest, killing her 11 days later. It is alleged by the state that he stabbed Magda van Wyk (20) on August 2, 2019, causing her to die in Katutura Hospital on August 13, 2019.
He is also accused of defeating the course of justice for allegedly disposing of the knife he used to stab the victim.
He pleaded not guilty to all charges when his trial began and indicated that he would not give a witness statement but that it would be up to the state to prove each charge.
It however emerged during the bail application that his version is that he did not stab the deceased, but that she had already been stabbed when he arrived at the shebeen.
He told the court the victim told him she was stabbed when she tried to break up a fight between people behind the shebeen.
She showed him a small stab wound on her left breast, and he took her to the clinic, where they didn’t stitch up the wound but just put a bandage on it and sent her home, a- he declared.
The state, represented by Basson Lilungwe, argued that it had established a prima facie case that required answers from Maasdorp.
He said the credibility of witnesses does not play a significant role at this stage of the proceedings.
According to the prosecutor, there are no material contradictions in the testimonies of his witnesses and asked the court to put Maasdorp in his defense.
Judge Claasen reserved judgment on the claim until September 9. Maasdorp is out on bail.