Windhoek
The man who admitted he killed his live-in girlfriend under the Simon De Witt Bridge in Windhoek North in March 2012 was on Tuesday also convicted of robbing her after the High Court had earlier found him guilty of murder.
In a plea explanation Willem ‘Keffs’ Titus made to Judge Dinah Usiku at the start of his trial he admitted stabbing Antoinette April several times with the intention to kill her, but he denied he intentionally robbed her.
According to him he took her possessions including her handbag and watch to keep them from being stolen from her lifeless body.
Usiku however did not see it that way and convicted him of robbery with aggravating circumstances on top of the murder conviction.
According to Usiku the failure of Titus to testify in his own defence on the robbery charge counted against him.
“Where the accused’s state of mind is involved, the court may have difficulty in finding in his favour if he fails to testify,” she stated, adding that where direct evidence is against the accused, failure to testify will be a great risk.
The judge further said that when Titus exercised his right to remain silent he left the court with no option as the State produced a prima facie case.
While the failure of an accused does not relieve the prosecution of its duty to prove guilt beyond a reasonable doubt, an accused still runs the risk that in the absence of any rebuttal the prosecution’s case may be sufficient to prove the element of the offence, she said.
In fact, the judge said, Titus placed himself on the scene where the accused was killed when he pleaded guilty to the murder.
“In my view there is direct evidence against the accused,” the judge said, adding that some of the stolen items were found in possession of the accused but others were not recovered.
She agreed with the State’s submission that Titus stabbed the deceased to rob her as he only removed her valuables from the scene.
In the end she said she was satisfied the State proved the offence of robbery with aggravating circumstances beyond a reasonable doubt.
The trial has now been postponed to March 10 for submissions on the sentence to be imposed.
Titus remains in custody.
Titus is being represented by Hipura Ujaha on instructions from legal aid and State Advocate Cliff Lutibezi represents the State.