Windhoek High Court acting judge Orben Sibeya last week dismissed an application for discharge in terms of Section 174 of the Criminal Procedure Act on two charges of assault and one count of defeating or obstructing the course of justice by murder accused Benjamin Strong.
The 56-year-old Strong pleaded not guilty to a count of murder, read with the provisions of the Domestic Violence Act, one count of attempted murder, two counts of assault with intent to cause grievous bodily harm and one count of defeating or obstructing or attempting to defeat or obstruct the course of justice.
At the end of the State case, Strong, through his State-funded lawyer Milton Engelbrecht, brought the 174 application, arguing the State failed to prove the assault and defeating charges beyond as reasonable doubt.
He was charged with killing 62-year-old Johanna Resandt by stabbing her at least 12 times with a knife in the chest, causing her death.
He allegedly also tried to kill another person who tried to come to the aid of the deceased by stabbing him at least seven times all over his boy and pushing him, causing him to fall down and lose consciousness.
According to the indictment, the deceased and Strong were in a relationship, as they lived together as husband wife and that during the evening of 16 September 2017, the deceased, the accused and the complainant in the attempted murder charge, Phillip Gadi Matsaya, were socialising together at the deceased’s residence in Otjomuise.
An argument then erupted between the deceased and Strong and he assaulted her by kicking her and beating her with his fists.
It is further alleged another argument broke out between Strong and the deceased during the early morning hours of the next day, 17 September, and Strong then stabbed the deceased several times, and when Matsaya tried to intervene, he was also stabbed several times and pushed against a stove, which caused him to black-out.
The two assault charges relate to incidents the same evening, where it is alleged he assaulted the deceased with the intention to cause her grievous bodily harm. The defeating charge emanates from him allegedly putting the knife he used to stab the deceased and Matsaya with in a bucket of water with the intent to destroy evidence.
The trial continues on 10 March and Strong remains in custody at the Windhoek Correctional Facility’s section for trial awaiting inmates.
State advocate Ian Malumani is prosecuting.
2020-02-18 07:11:04 | 1 months ago