A Windhoek resident, serving a custodial sentence of 30 years for stabbing his girlfriend to death in March 2014, is still without legal representation for his appeal battle against his conviction and punishment.

Johnny Ryno Diergaardt (36) was in August 2019 found guilty of murder and sentenced on 5 November 2019 by High Court Judge Nate Ndauendapo to an effective 30 years imprisonment in respect of the circumstances in which his girlfriend, 22-year-old Tiffany Tanita Lewin, died on 3 March 2014.

Yesterday, Diergaardt made another appearance before the same judge when he informed the court that the Justice Ministry’s Directorate of Legal Aid has not yet appointed a State-funded defence lawyer to assist him with the proceedings of the appeal hearing

He informed the court that he submitted his application for legal aid last week, but the officials at the Directorate of Legal Aid have not yet responded to his request.

In the result, the matter was postponed to 2 September 2020 to allow Legal Aid enough time to process the application.

State prosecutor Felistas Shikerete-Vendura, who appeared for the prosecution, objected to the postponement of the matter.

Shikerete-Vendura was standing in for her fellow prosecutor Seredine Jacobs.

 During the handing down of the sentence last year, Diergaardt was sentenced to 35 years imprisonment on the charge of murder with direct intention to kill for stabbing Lewin 27 times with several kitchen knives.

Five years of the imposed sentence were suspended for a period of five years on condition Diergaardt is not found guilty of a criminal offence of murder or any other related to gender-based violence during the period of suspension.

As a result, he was sent to jail for an effective term of 30 years.

The incident occurred at Diergaardt’s rented accommodation in Khomasdal’s Garnet Street and the case was dealt with under the provisions of the Combating of Domestic Violence Act of 2003, which warrants a lengthy custodial sentence upon conviction.

“The deceased was butchered in a brutal and cruel manner, and the stabbing continued as if you (Diergaardt) were stabbing an animal. Therefore, the sentence to be imposed in this matter must fit the nature of the crime,” Judge Ndauendapo said while passing down the sentence at the time.

One of the knives was found stuck in Lewin’s head.

State Advocate Jacobs argued it was clear from the evidence presented before court that Diergaardt did not suffer from a mental illness at the time of the incident as he claimed during trial.

His Legal Aid defence lawyer at the time, Boris Isaacks, said he was not in a sober state of mind when he stabbed the victim and had acted out of character.

Diergaardt killed Lewin in front of her four-year-old son and evidence presented during trial had it that the boy intervened and stabbed Diergaardt on his upper thigh in an attempt to stop him from stabbing his mother.

– Nampa