09 Aug 2019 13:00pm
WINDHOEK, 09 AUG (NAMPA) A Windhoek resident accused of brutally stabbing his girlfriend to death at a flat in Khomasdal in March 2014, was found guilty as charged in the High Court here on Friday.
Khomasdal resident Johny Ryno Diergaardt, 33, was found guilty on a count of murder in respect of the circumstances in which his girlfriend, Tiffany Tanita Lewin, 22, lost her life on 03 March 2014.
Diergaardt was found guilty on a count of murder with direct intention to kill in a judgement handed down by High Court Judge Nate Ndauendapo, for brutally stabbing Lewin about 27 times on the body with several kitchen knives.
Evidence of a post-mortem examination report show that one of the knives was found stuck in the head of the deceased person that fateful day.
The brutal incident occurred in a room Diergaardt rented in Khomasdals Garnet Street and the case is being dealt with under the strict provisions of the Combating of Domestic Violence Act of 2003 which warrants a lengthy custodial sentence upon conviction.
Judge Ndauendapo when handing down the verdict said that on 03 March 2014, the life of the victim was cut short in a brutal manner at the hands of convict Diergaardt.
During that evening, the deceased and her son arrived at the flat after which Diergaardt brutally attacked her by stabbing her 27 times with several kitchen knives. Diergaardt had also earlier before the killing incident on several occasions threatened to kill the deceased, said the judge.
In her submission for judgement, State advocate Seredine Jacobs argued it was clear from the evidence presented before court that Diergaardt was not suffering from any mental illness at the time of the incident as he claimed during trial.
Diergaardt acted with direct intent to kill when he brutally stabbed the victim with four different knives, killing her on the spot, she said.
On his part, Diergaardts Legal Aid defence lawyer Boris Isaacks said the prosecution failed to prove beyond reasonable doubt that his client acted with direct intent to kill.
Diergaardt was not in a sober state of mind when he stabbed the deceased to death that fateful day and acted out of his personal character. He 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, argued Isaacks.
Diergaardt stabbed Lewin in front of her four-year-old son and evidence presented during trial had it that the boy intervened and stabbed Diergaardt 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.
He returns to court on 08 October 2019 for the submission of evidence in mitigation of sentencing.