Windhoek
A man was acquitted of murder last week after the magistrate found there was no evidence that the accused committed murder.
Phillip Tise, 23, was arrested four years ago and made his first appearance in court two years later to face a charge of murder on the basis that on April 27, 2012 he killed Ronald John Scheepers by stabbing him with a sharp object in the back.
While delivering the judgment in the Windhoek Regional Court last Wednesday Magistrate Johannes Shuuveni said: “In my view the accused’s explanation appears to be reasonably possibly true when he testified that he and the deceased fought and after they were separated he departed to his room, where he was called after the deceased was discovered lying in the neighbour’s yard.”
“Therefore, there should be doubt as to whether it is the accused person who killed the deceased. There is also no evidence placed before court which proves any competent verdicts on a charge of murder,” Shuuveni added.
Prior to the alleged incident on April 27, 2012 at around 21h00, Tise and Scheepers had had an argument over why Scheepers disrespected his mother. The quarrel soon turned into a fight. Shortly after the two were separated, Scheepers was discovered dead that same evening.
The magistrate said Lawrence Fisch was a single witness when he testified that he saw the accused chasing the deceased and stabbing him in the back.
He ended up contradicting himself under cross-examination when he conceded that he did not see a weapon in the hands of the accused and that as it was dark he could not see clearly.
During the trial, Tise was represented by Tshuka Luvidao, then later by Sarel Maritz. The State was first represented by Arrie Husselman, then by Menencia Hinda.