A farmworker who is accused of murdering his employer and raping the wife of his employer is asking the court to sent him for mental evaluation after the State had closed its case against him.
Lawyer Tjingairi Kaurivi, who is representing Kazana Nicolaus Mangundu Hausiku on charges of murder, rape, kidnapping and robbery, made the application on Friday after he indicated that his client was to take the stand the previous day.
It is alleged that he killed his employer near Otjimbingwe in the Karibib district by hacking him on the head with an axe during the period 10 to 11 November 2018.
The names of the victims may not be mentioned to protect the identity of the rape victim.
According to Kaurivi, he was caught off-guard by the request Hausiku made mere minutes before court started. State advocate Dominic Lisulo opposed the application, saying that no foundation for the application was led, and that at no stage during the entire trial did the accused say he could not follow proceedings.
Windhoek High Court Judge Naomi Shivute, who is presiding over the trial, agreed with Lisulo that no foundation was laid, but added that it was the right of the accused to apply for mental observation. She ordered that an inquiry should be held to determine whether there is a need for a mental evaluation.
The date for the inquiry is 6 December.
The application came just as DNA analysis linked Hausiku to the offences he is accused of. Last week, forensic scientist Simwanza Liswaniso disclosed that he analysed several swabs taken from the clothing of Hausiku and other samples provided to the National Police Forensic Science Institute.
The witness said he found DNA on swabs taken from the rape victim’s privates, and could not exclude Hausiku as a significant contributor. He also found DNA of the deceased on the clothing Hausiku was wearing when he was apprehended.
Hausiku is also facing charges of driving without a licence and reckless or negligent driving.
He allegedly threatened the wife of the farmer with a panga and raped her inside the farmhouse, whereafter he ransacked the farmhouse and loaded the stolen items onto a pick-up of the deceased and forced the wife to accompany him, it is charged.
The indictment further states that while driving away from the farm, the accused overturned the vehicle between Otjimbingwe and Wilhelmstal. He pleaded not guilty to all charges at the start of his trial, and put the onus on the State to prove each and every allegation.
Hausiku, who only started working for the couple in October that year, on that fateful Saturday allegedly entered the kitchen of the farmhouse and demanded a firearm from the wife.
He was allegedly told that they did not have one, but went ahead and started searching for it in the house.
He then allegedly took an axe from the kitchen and walked to the kraal where the deceased was milking goats, and hacked him with the axe on the head.
Shortly afterwards, he stole household items, took the couple’s vehicle and kidnapped the deceased’s terrified wife, whom he allegedly threatened to also kill.
Hausiku allegedly overturned the car about 35 kilometres from Otjimbingwe and fled on foot, leaving the woman at the car wreckage.
She was later rescued by an oncoming vehicle, whose occupants alerted the police of the brutal murder.
Hausiku remains in custody.