Roland Routh
Windhoek High Court Judge Naomi Shivute yesterday convicted a Rehoboth resident accused of killing his 18-year-old pregnant girlfriend on a charge of murder with direct intent, read with the provisions of the Combating of Domestic Violence Act.
According to the judge, there is no doubt that it was Deon Boois (31) who murdered his girlfriend, Barbara Ganses, who was 15 to 16 weeks pregnant with his twin sons on 9 December 2012.
Boois pleaded not guilty to the charge and claimed that he was not at home when the deceased was stabbed at least 12 times with a knife, causing her to die on the scene from her injuries. He claimed that he found her on the floor of the room they shared at his mother’s house when he returned from visiting a friend.
However, the judge found that admissions he made to his sister – Evengeline Eixas – about him having killed the deceased and not wanting to live anymore and handing her the murder weapon, proved that he was the culprit.
“There is evidence from the accused’s sister and witness (Janet) Witbeen that the accused told his sister that he had stabbed his girlfriend, the deceased,” the judge said and continued: The accused’s sister testified that the accused handed over the knife that was used in the commission of the offence to her. When the knife was taken for DNA analysis, the bloodstains on the knife were found to be those of the deceased. This cannot be a mere coincidence.
The judge further said that Eixas is the accused’s sister, and she could see no reason why she would falsely implicate the accused. It is furthermore highly improbable for her to say he handed her the knife when it was not the case. She said after weighing the evidence in its totality, she is satisfied with the evidence of the State witnesses. “They are credible and trustworthy witnesses, despite a few shortcomings in their versions, which are not material,” the judge said. She added that the assertion of Boois that he did not stab the deceased and that he did not tell Eixas that he had stabbed the deceased and that he never handed the murder weapon to her, are mere denials that cannot be reasonably possibly true in the circumstances, and are rejected.
The judge found that while the case hinged on circumstantial evidence, the spontaneous admissions Boois made to Eixas are admissible as they were made voluntarily. This, she said, and other evidence led to only one conclusion, and that is that the State proved beyond a reasonable doubt that Boois murdered the deceased with intent. The intent was shown by him stabbing her in vital organs such as the lungs and heart as he wanted her dead, the judge stressed.
The bail of Boois was cancelled upon his conviction, and he will return to court on Monday for pre-sentencing proceedings.
The State is represented by Taedago Gaweseb and Boois by Joseph Andreas on instructions of Legal Aid.
– rrouth@nepc.com.na