Windhoek High Court Judge Herman January on Friday dismissed an application by a former teacher who allegedly stabbed his wife 12 times in front of their children, causing her death, to quash two of the charges he is facing.
Patrick Geingob argued the two counts of assault are too vague and broad. The assault charges emanate from an incident during 2011 when he allegedly hit the deceased with an open hand with the intent to cause her serious bodily harm, and that he also slapped one Ragel Boois in the face.
Jermain Muchali, who is representing Geingob on instructions of Legal Aid, submitted that the manner in which the charges are formulated does not give them the opportunity to form a defence as there is no date or month mentioned, just during the year 2011.
This, he said, makes it improbable if not impossible to defend as they don’t know when it was, and they could have possibly offered an alibi defence if they knew when it supposedly happened.
Judge January, however, agreed with prosecutor Seredine Jacobs that the Criminal Procedure Act makes provision for the State not to indicate a date if they don’t have a specific date, and to state “at an unknown date” in the charges. She further said the complainant in the one charge, who is also a witness in the other charge, indicated in her witness statement that Geingob was particularly aggressive, violent and abusive during 2011. The judge agreed, and said that in his view, the application was a waste of precious court time.
It is alleged by the State that the 38-year-old Geingob killed his wife Merentha Geingos in the kitchen of their marital home in Okuryangava by stabbing her with a knife 12 times in front of their children.
– rrouth@nepc.com.na