A Rehoboth man was convicted on all charges, including murder with direct intent, last week by Windhoek High Court Judge Naomi Shivute.
Sacky Goliath (39) admitted during his plea that he killed his girlfriend of 17 years and mother of his two children by hitting her with the sharp end of a spade several times on her head.
He told Judge Shivute that he intended to kill Welfriede Saron (40) when he hit her several times with the spade on 2 June 2019.
He, however, pleaded not guilty on further charges of attempted murder, housebreaking with intent to murder and attempted murder, assault by threat and assault with intent to do grievous bodily harm.
The judge found that Goliath is guilty of the other charges, saying the State proved the case against him beyond reasonable doubt.
It was charged by the State that Goliath, in addition to killing Saron, also assaulted the victim’s mother, Barbara Campbell, by hitting her in the face with the same spade.
According to the charge sheet, he hit the mother when she tried to stop him from hitting the victim and she sustained an open wound in her face.
With regards to this charge, the judge said the circumstances surrounding this count are that the accused wanted to assault the victim with a spade; however, she said, the victim went to hide behind her mother, who was between the assailant and the victim, and she was hit in the process of the accused assaulting the victim with the spade.
This, the judge said, is what is known as the going astray of the blow. She went on to say although the charge is attempted murder, against the background of the matter, she is of the opinion that he did not intend to kill the complainant, but that she was hit when he tried to get to the victim, who was behind her.
However, the judge said, he should have foreseen that he could injure the elderly woman; thus, he is guilty of assault with intent to cause grievous bodily harm.
It is further alleged that he broke into the house of the victim’s new boyfriend, Llewelyn Afrikaner, with the intent to murder the victim, and that he attempted to murder her by stabbing her in the face with a knife a day prior the murder.
In this regard, the judge said the evidence of Afrikaner was clear and was corroborated by an independent witness.
According to the judge, the fact that Goliath killed the victim the next day shows he went to the shack of Afrikaner with the intent to kill the victim, and he is thus guilty as charged.
With regards to the charge of threatening to assault the victim by chasing her, wielding a stick and stones, threatening to attack her, the judge said the victim believed there was a threat of immediate violence on her; she ran away, which constitutes a fear of violence – and as such, it authorises the charge.
With regard to the charge that he hit Elaria Abisay, who came to the aid of the victim on her hand with a stick with the intention to cause her serious harm, the judge said the intent and the weapon used demonstrate he intended to cause the complainant serious bodily harm and he is thus guilty as charged.
Goliath will be sentenced on 8 December after defense counsel Mese Tjituri and prosecution counsel Joseph Andreas submit their arguments on mitigation and aggravation.