Writing sample in dispute in murder case

A DIARY which has been seized by the Police indicates that the execution-style murder of Andre Heckmair in Windhoek early last year was planned beforehand, a Police officer testified in the Windhoek Magistrate’s Court on Friday.

It is because he wants to establish whether one of the two American citizens charged with murdering Heckmair made the relevant diary entries that he needs a proper handwriting sample from them, the detective investigating the murder of Heckmair, Detective Warrant Officer Felix Ndikoma, told Magistrate Justine Asino.Ndikoma gave the testimony while telling the magistrate why he was claiming that one of the two charged men, Marcus Kevin Thomas (26), has failed to comply with three previous court orders in which he was directed to provide a sample of his handwriting and signature to the Police.Thomas is denying that he has defied any of the court orders. He has given handwriting samples by writing with both his left and right hand, but Ndikoma remains dissatisfied with the results, he told the court.Thomas and fellow United States national Kevan Donnell Townsend (26) are accused of murdering the 25-year-old Andre Peter Heckmair in Klein Windhoek on January 7 last year. Heckmair was found with a fatal gunshot wound to the head in a car in Gusinde Street, a quiet cul-de-sac off the busy Nelson Mandela Avenue, early in the afternoon of January 7 2011.Thomas and Townsend are charged with counts of murder, robbery with aggravating circumstances, importation of two 9mm pistol barrels into Namibia, illegal possession of firearms and ammunition, and defeating or obstructing the course of justice, or attempting to do so.One of the allegations being made in the defeating or obstructing the course of justice charge is that the two men removed a notebook from Police custody after it had been seized by the Police as part of their investigation into the murder of Heckmair, and that they then burned or destroyed some of the pages in the notebook.It is understood, though, that the Police had made copies of the pages in question before these were destroyed.Ndikoma told the magistrate that the way Thomas was holding the pen and how he was scribbling the words he was writing when he gave the latest handwriting sample left him convinced that Thomas was still not providing him with an authentic sample.Thomas disputed this. He has been claiming that he is left-handed, but that the Police are insisting that he should provide a handwriting sample while using his right hand to write.’This entire investigation has now ground to a halt because of an argument over penmanship,’ he charged.According to Ndikoma, though, he has previously seen Thomas using his right hand to write.Ndikoma also told the court he would need at least another five months to try to complete his investigation.He said he has made a request to the US authorities to be provided with legal documents containing Thomas’s handwriting. It would take some time before these documents would be received from the US, he indicated.Townsend provided a satisfactory handwriting sample to the Police in June last year, Ndikoma said.He also told the court that he has in the meantime obtained other suspected examples of Thomas’s handwriting, as reflected on the immigration arrival form completed with his entry into Namibia, a car rental agreement, and in his signature in his American passport.Magistrate Asino postponed the case to June 1, for further investigations to be carried out in the meantime and to see by then what progress had been made by the Police.Thomas and Townsend were ordered to remain in custody until then.Public Prosecutor Taodago Gaweseb represented the State with Friday’s proceedings. Townsend was represented by defence lawyer Vetu Uanivi, while Thomas is not legally represented at this stage.

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