WINDHOEK – Judge Alfred Siboleka yesterday acquitted a former Rosh Pinah resident on a serious charge of attempted murder and instead convicted him on a lesser charge of assault to cause GBH (grievous bodily harm).
Petrus Friedel Kobus Frederick at the start of his trial on August 18 last year had pleaded guilty to the murder of Bonaventura Skeyer, who died as a result of at least 27 stab wounds inflicted by him all over her body at Rosh Pinah on February 26, 2012.
After the State refused to accept a guilty plea on assault to cause GBH instead of attempted murder the State called witnesses including the complainant Rachid Chanick Klukowski.
The State alleged Frederick attempted to kill Klukowski on December 03, 2011 by breaking his collarbone and his right humerus – the area where the arm is jointed with the shoulder – by hitting, kicking and beating him all over his body.
However, the judge found the State did not establish beyond reasonable doubt Frederick intended to kill Klukowski.
He said more complete details of how the complainant was assaulted while laying on the ground was not placed before the court due to the fact the eyewitness Winslow Nail ran away.
This resulted in the accused’s version to inflict grievous bodily harm being established.
The judge said he was satisfied the serious injuries the complainant suffered came about as a result of the accused hitting him to the ground with a fist and then proceeding to kick him.
He noted: “It is correct that the one fist blow and an undisclosed number of kicks to unknown parts of the body occasioned the injuries to the deceased.”
The judge added: “These include him becoming unconscious only to wake up in hospital with a broken collarbone and a hole was drilled in his head where a clot of blood was removed.”
The judge noted Klukowski complained about severe headaches requiring strong painkillers.
However, the judge said, this did not establish beyond a reasonable doubt that the accused had attempted to kill the deceased.