Judgement in Khomasdal murder case sees delay

Judgement in the case of a Windhoek resident on trial in the High Court for brutally stabbing his girlfriend to death at a flat in Khomasdal in 2014, was on Tuesday postponed until Friday next week.

High Court Judge Nate Ndauendapo, who is presiding over the alleged murder trial, was scheduled to make his ruling in the matter today (Tuesday) but could not do so because he was unable to finish writing the judgement on time due to other similar official commitments.

'Unfortunately, the judgement in this case is not yet ready. I was not able to finish compiling the judgement on time. The judgement will now be made public on Friday next week, 09 August 2019, ' said the Judge as he posponed the case.

In the matter, accused JohnyRynoDiergaardt, 33, is charged with a count of murder in respect of the circumstances in which his girlfriend, Tiffany TanitaLewin, lost her life on 03 March 2014.

The incident occurred in a room the accused rented in Khomasdal's Garnet Street.

The case is being dealt with under the strict provisions of the Combating of Domestic Violence Act, which calls for heavy punishment.

In her written submission for judgement, State advocate Seredineacobs argued that it was clear from the evidence presented before court that Diergaardt was not suffering from a mental illness at the time of the incident as he was claiming during trial.

Diergaardt acted with a direct intent to kill when he brutally stabbed the victim about 27 times with four different knives, killing her on the spot, she said.

Therefore, the accused person must be found guilty on a charge of murder with direct intention to kill because he brutally stabbed the deceased to death without any provocation, submitted Jacobs.

On his part, Diergaardt's lawyer Boris Isaacks said the prosecution failed to prove beyond reasonable doubt that his client acted with direct intent to kill.

Diergaardt was never in his sober state of mind when he stabbed the deceased to death that fateful day and acted out of his personal character. This man stabbed the deceased in a moment of weakness and was really provoked by something else when he committed the offence. This murder incident was preceded by some kind of provocation, said Isaacks.

Diergaardt allegedly stabbed Lewin in front of her four-year-old son. The knife was found stuck in her head.

Media reports at the time indicated that the boy intervened and stabbed the accused on his upper thigh in an attempt to stop him from stabbing his mother.

Diergaardt remains in custody at the Windhoek Correctional Facility's section for trial-awaiting prisoners, pending the handing down of judgement on 09 August 2019.

Source: Namibia Press Agency