The Windhoek High Court has found a Rehoboth man charged with the death of another man in 2018 guilty of murder. The convicted man, Sagarius Levi, was accused of killing Harold Rooi after a confrontation.
Acting Judge Orben Sibeya, however, acquitted Levi on a charge of housebreaking with intent to murder and attempted murder, alternatively housebreaking with intent to murder and assault by threat.
According to the State, Levi broke into the residence of Theresia Doeses and Rolena Garises during the period 11-12 November 2018 with the intent to murder Garises after threatening to cut off her head. It is further alleged that when Rooi came to the assistance of Garises, Levi stabbed him once in the neck, leading to his death.
He denied the allegations at the start of his trial and claimed that the deceased was accidentally stabbed when he wanted to slap him in return for a slap he received while he had an open knife in his hand.
He claimed Rooi slapped and pushed him and that he wanted to retaliate in self-defence.
“The action of the accused amounts to retaliation. I hold this for a fact,” the judge stated. He further said that the behaviour of an accused person after the event may in appropriate circumstances signify intent. “The behaviour of the accused of passing by the persons who were loading the deceased’s body (whom he had just stabbed) in a vehicle without stopping by or rendering any assistance, cannot be reasonable and consistent with an innocent mind as he alleges.”
He added that it is highly improbable, in the circumstances, that the deceased grabbed, slapped and pushed the accused as he alleged, and that he finds this version false beyond reasonable doubt. He further said that he found the defence of Levi that he stabbed the deceased by mistake to be highly improbable as there was no explanation why he stabbed the victim on the neck, if at all he intended to hit the deceased with an open hand. He further said there was no explanation why the accused did not put the knife aside or return it to his pocket and only thereafter hit the deceased with an open hand.
“To all these weighty questions, the accused simply responded that he could not remember as he was under the influence of alcohol and when questioned on the extent of the influence of alcohol on him, he responded that despite consuming alcohol, he appreciated his surroundings.” Levi will return to court on 18 June for pre-sentencing procedures.
Kalundu Kamwi represented Levi on instructions of legal aid, while Hezekiel Ipinge appeared for the State.
2020-06-12 10:36:23 | 3 months ago