WINDHOEK - Wilhelm (Wimpie) Derick Februarie, 40, the man accused of the brutal rape and murder of a 56-year-old woman in Windhoek West in 2014 was convicted on the murder charge, but acquitted on the rape charge last week.
Windhoek High Court Judge Naomi Shivute said that she was satisfied that the only inference to be drawn from the available evidence was that it was Februarie who killed the deceased.
The judge said she could not with a clear conscience find that Februarie either raped, attempted to rape the deceased or that he was guilty of crimen injuria for exposing the woman’s private parts.
She said that the evidence do not support a conviction of rape and of attempted rape with the current legislation and also do not state whether the woman was dead or alive when her pants were brought down.
“If the woman was alive then a conviction of crimen injuria could be sustained, but in the absence of evidence on this, it is difficult to make a finding one way or the other and the accused is thus entitled to the benefit of doubt.”
With regard to the murder charge, Judge Shivute said that having considered the totality of the evidence and its accumulative effect, she is of the view that it is safe to draw an inference as it appears to be the only inference to be drawn that the accused is the one who killed the deceased by way of strangulation.
“It is therefore my finding that the State has proved beyond reasonable doubt that the accused killed the deceased unlawfully, wrongfully and intentionally. I find that he had the direct intent to kill the deceased.
According to Judge Shivute, the evidence of the State witnesses directly contradicts the version of the accused.
She said that not a single one of the State witnesses saw an altercation between the deceased and her friend which caused the deceased’s nose to bleed which could account for the blood of the deceased found on the jacket of the accused.
Furthermore, she said, none of the State witnesses testified there was music playing and that the accused danced with the deceased which could have explained her DNA found on his clothes.
“I accept the State witness’ version because looking at all the probabilities it appears to be reasonably possibly true as opposed to the accused’s uncorroborated version,” the judge stated.
Februarie was charged with one count of murder and one count of rape, alternatively crimen injuria.
The State alleged Februarie killed 56-year-old Dinah Diedericks on June 21, 2014 at her residence in Windhoek West after he raped her, or exposed her private parts by removing her trouser and underwear.
He pleaded not guilty to both counts at the start of his trial.
After New Era first publicised the case, a presumed family member of Diedericks contacted the publication to provide more information about the case.
The information provided corresponds with the general indictment against Februarie.
It is stated Dinah Diedericks was a guest at the engagement party of Februarie, apparently at his behest, as he wanted her to be a witness at his wedding.
After the party ended, two of the people that later became State witnesses, decided to transport Diedericks back to her residence, as she was under the influence of intoxicating liquor.
It is stated in the indictment that although Februarie did not reside at the deceased’s residence he accompanied the group to Diedericks’ home and the State witnesses offloaded the deceased and Februarie at the residence of the deceased.
2019-06-17 11:25:38 | 5 months ago