29 Jul 2019 10:00am
WINDHOEK, 29 JUL (NAMPA) Judgement in the case of a Windhoek resident on trial in the High Court for brutally stabbing his girlfriend to death in 2014, will be made public on Tuesday.
On 20 June this year, High Court Judge Nate Ndauendapo after he listened to submissions by both State advocate Seredine Jacobs and the accuseds Legal Aid-funded defence lawyer Boris Isaacks said he will deliver the ruling in the matter on Tuesday at about 10h00.
In the matter, accused Johny Ryno Diergaardt, 33, is charged with a count of murder in respect of the circumstances in which his girlfriend, Tiffany Tanita Lewin, lost her life on 03 March 2014.
The incident occurred in a room the accused rented in Khomasdals 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, Jacobs 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, Diergaardts lawyer 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 Facilitys section for trial-awaiting prisoners, pending the handing down of judgement.