Photo: namib times archive
Two Walvis Bay men accused of the murder and rape of 53-year-old Vernon John Gavin have pleaded not guilty to all charges against them as their trial commenced in the Windhoek High Court this week.
Quanito van Vuuren (28) and Moses Sam (22) appeared before Judge Philanda Christiaan on charges of murder, two counts of rape, and robbery with aggravating circumstances linked to Gavin’s death on 30 December 2023 at his Walvis Bay home. According to the State, the two accused allegedly assaulted Gavin by striking him with unknown objects, tying him up and forcing a piece of cloth deep into his throat, causing him to suffocate.
The State further alleges that the accused raped Gavin and robbed him of several personal belongings while allegedly acting in common purpose throughout the commission of the offences. During proceedings this week, both accused denied all allegations against them. Van Vuuren, in a plea explanation before the court, said he had not known the deceased before the evening of 30 December 2023, when Gavin allegedly invited him to his residence. He told the court that he suggested bringing along Sam and that the three later drank alcohol and smoked cigarettes together at the house.
According to Van Vuuren, he was sitting alone in the living room when he heard noises coming from the bedroom. He claimed that upon entering the room, he found Sam standing while Gavin was lying unconscious on the floor. Van Vuuren told the court he did not know what had happened before that point as he had allegedly not been in the room. He denied assaulting or killing Gavin and also denied any involvement in the alleged rape charges.
However, Van Vuuren admitted that after discovering Gavin unconscious, he stole two cellphones and three caps from the residence, conceding that his actions amounted to theft. He further denied tying anything around Gavin’s neck or placing cloth in his mouth or throat. Sam also denied all allegations. In his plea explanation, he told the court he was never at Gavin’s house on the day in question and denied committing any sexual acts, robbery, or murder.
The State alleges that both accused were with Gavin at his residence shortly before his death and that they overpowered and sexually assaulted him before allegedly causing his death by suffocation. The matter continues before the High Court. The case drew significant public attention in Walvis Bay following the discovery of Gavin’s body at his Fairways residence in late December 2023.
At the time, neighbours reportedly became concerned after repeated unanswered phone calls. Gavin was later found inside his home with his legs bound and a cloth reportedly forced into his mouth. Namib Times previously reported that investigators allegedly traced Gavin’s cellphone to the suspects shortly after the incident. In January 2024, Van Vuuren and Sam made their first appearance in the Walvis Bay Magistrate’s Court on charges of murder with aggravating circumstances, rape, and theft.
During those early proceedings, one of the accused denied the rape allegations and requested that DNA testing be conducted. Court proceedings at the time further heard that several items allegedly stolen from Gavin’s residence included cellphones, a Samsung tablet, a television set, a laptop, Wi-Fi equipment, clothing items, caps, and alcohol. Further developments in the case followed when a third suspect, a police officer stationed at the Walvis Bay Police Station, was arrested after allegedly being found in possession of a suspected stolen Samsung Galaxy cellphone linked to the case. The officer later appeared in the Walvis Bay Magistrate’s Court on charges relating to possession of suspected stolen property.
During subsequent court appearances in 2024, the State indicated that investigations were still ongoing, with phone records and DNA results still outstanding at the time. Van Vuuren had also previously applied for bail, citing family responsibilities, while Sam questioned the status of the DNA evidence during earlier proceedings. Both accused have remained in custody as the matter progressed through the courts. Van Vuuren is represented by Albert Titus, Sam by Milton Engelbrecht, while the State is represented by Beata Hamunyela.
By Eileen van der Schyff
