Tourist murder suspect must give blood sample

ONE of the two men accused of robbing and murdering a German tourist in the Khomas Hochland almost three years ago has been ordered to provide a new blood sample to the Police for further investigations in his case to be carried out.

As a result of the order given by Acting Judge Dinnah Usiku in the High Court on the grounds of Windhoek Central Prison yesterday, forensic tests aimed at establishing whether blood of murder, armed robbery and kidnapping suspect Paulus Kamati was found in the overturned rental car of his alleged victims can now be done.Kamati (29) and a co-accused, former Police officer Fanuel Festus Shipanga (40), pleaded not guilty to charges of murder, robbery with aggravating circumstances, kidnapping, possession of firearms without a licence and illegal possession of ammunition at the start of their trial on June 3.They are accused of murdering a German visitor to Namibia, Johannes Fellinger (56), near the Von Francois Feste stone ruins west of Windhoek on July 8 2007.Fellinger was killed when he was shot in the head.During the trial, Acting Judge Usiku has heard testimony that Kamati is alleged to have been injured in the accident and that blood found in the overturned car may have come from him.A blood sample was taken from Kamati in the early stages of the investigation of the case. However, that sample was not included when other samples were sent to the National Forensic Science Institute of Namibia to be analysed.As a result, State advocate Ethel Ndlovu asked the court to order that Kamati should allow a new blood sample to be taken from him.The defence lawyers opposed this application, arguing that further forensic analysis would delay the trial and that the State had already been given enough time to prepare for the trial.’I am saddened by the fact that the State’s agents may have indeed been careless in the handling of the first blood samples,’ Usiku remarked in her ruling yesterday. ‘Such carelessness cannot be condoned by this court. However, that alone would hardly warrant a refusal of the relief which the State now seeks,’she noted.She said the court must consider and balance the fundamental rights and interests of the accused with that of the State and the prosecution but also with the fundamental rights and interests of the victim.She ordered that a blood sample be taken from Kamati with immediate effect, before the court can proceed with the trial.The case is now scheduled to return to court on July 22.