30 Sep 2019 17:00pm
WINDHOEK, 30 SEP (NAMPA) - A 27-year-old Mariental resident on trial in the High Court for allegedly causing the death of his girlfriend during a fight in December 2016, was on Monday found guilty of common assault instead of the initial charge of murder.
Thirion Sylvestor was initially charged with one count of murder in connection with the circumstances of a fight between himself and his girlfriend Elizabeth Koitjie at a party in Mariental on 23 December 2019, and the victims death a day later.
Sylvestor was found guilty on a charge of common assault instead of murder in a judgement handed down by High Court Judge Christie Liebenberg after the prosecution could not prove beyond reasonable doubt through the presentation of the evidence by State witnesses that the accused had indeed caused the death of his girlfriend.
There is a lot of defective recollections of the evidence by the police investigating officers and eyewitnesses. The evidence by the police investigating officers and eyewitnesses were not credible. There is no reliable evidence presented by the State before court in this case to find the accused guilty on a charge of murder, said Liebenberg in his judgement.
Sylvestor, during the trial, admitted to slapping the deceased.
A post-mortem report presented before court shows that the deceased died due to bleeding as a result of injuries she sustained to the head, allegedly when she fell down and hit her head while pursuing Sylvestor in an open area outside the house.
It is reported that Sylvestor at a later stage found the deceased lying unconscious and carried her back into the house after which they both slept.
During the morning hours of 24 December 2016, the deceased was found dead lying on the bed.
Sylvestor was defended by Milton Engelbrecht, acting on the instructions of the Legal Aid Directorate, while Basson Lilungwe appeared for the prosecution.
Even though Sylvestor was found guilty on a charge of common assault, his bail of N.dollars 1 000 was not revoked.