12 years for fatal stabbing of friend

A MARIENTAL construction worker who killed his best friend when he stabbed him with a knife in an argument about money about a year ago received a prison term of 12 years effectively when his trial ended in the High Court in Windhoek on Friday.

The sentencing of Josef Petrus Witbooi, a 27-year-old father of two children, followed five weeks after Judge Kato van Niekerk had convicted him of murder. Witbooi was accused of murdering a colleague and friend, Danlie Kock, at Mariental on September 23 last year.Kock died after Witbooi had stabbed him twice in his chest.According to Witbooi, Kock was his best friend.Witbooi’s trial ended on Friday with Judge Van Niekerk sentencing him to 18 years’ imprisonment, of which six years were suspended for five years on condition that he is not convicted again of murder, culpable homicide or assault with intent to do grievous bodily harm during the period of suspension.Considering that Witbooi completed Grade 11 at school, has a good command of the English language and has gained building skills, it appears that he still has the potential of becoming a good citizen, Judge Van Niekerk commented during the sentencing.She also remarked that she could not ignore the fact that Witbooi and Kock had been good friends and that they usually got on well.Further, according to the evidence before her, Witbooi is “not a callous, hard-hearted and pitiless sort of person”, she added.In the course of Witbooi’s trial, which started during the circuit court session of the High Court at Keetmanshoop in August and early September, the Judge was told that Witbooi, Kock and other friends of theirs had spent the day of the stabbing in each other’s company at various gambling and drinking places at Mariental.Their time together however ended on a deadly note after Witbooi and Kock became involved in a confrontation that culminated in the fatal stabbing.Judge Van Niekerk accepted evidence that the fight between the two friends had been sparked when Kock took N$450 from Witbooi.That was the only money Witbooi had left for the remainder of the month after he had been paid for work, and it was obvious that he was trying to get the money back from Kock when the stabbing took place, she noted.Where intoxication and provocation go together, human nature is even more fallible than usual and it is easier to pull out a knife to settle a dispute than would have happened had a person been sober, the Judge also commented.From a demonstration by Witbooi during the trial, when he showed to the court how he had opened his knife and carried out a stabbing motion in a flash, it could be seen that Witbooi had obviously devoted some effort to become able to handle a knife with such skill, Judge Van Niekerk said.Witbooi should now make an effort to strengthen his self-control and judgement as well, she added.Defence lawyer Winnie Christians represented Witbooi during the trial.Deputy Prosecutor General Jackson Kuutondokwa prosecuted.Witbooi was accused of murdering a colleague and friend, Danlie Kock, at Mariental on September 23 last year.Kock died after Witbooi had stabbed him twice in his chest.According to Witbooi, Kock was his best friend.Witbooi’s trial ended on Friday with Judge Van Niekerk sentencing him to 18 years’ imprisonment, of which six years were suspended for five years on condition that he is not convicted again of murder, culpable homicide or assault with intent to do grievous bodily harm during the period of suspension.Considering that Witbooi completed Grade 11 at school, has a good command of the English language and has gained building skills, it appears that he still has the potential of becoming a good citizen, Judge Van Niekerk commented during the sentencing.She also remarked that she could not ignore the fact that Witbooi and Kock had been good friends and that they usually got on well.Further, according to the evidence before her, Witbooi is “not a callous, hard-hearted and pitiless sort of person”, she added.In the course of Witbooi’s trial, which started during the circuit court session of the High Court at Keetmanshoop in August and early September, the Judge was told that Witbooi, Kock and other friends of theirs had spent the day of the stabbing in each other’s company at various gambling and drinking places at Mariental.Their time together however ended on a deadly note after Witbooi and Kock became involved in a confrontation that culminated in the fatal stabbing.Judge Van Niekerk accepted evidence that the fight between the two friends had been sparked when Kock took N$450 from Witbooi.That was the only money Witbooi had left for the remainder of the month after he had been paid for work, and it was obvious that he was trying to get the money back from Kock when the stabbing took place, she noted.Where intoxication and provocation go together, human nature is even more fallible than usual and it is easier to pull out a knife to settle a dispute than would have happened had a person been sober, the Judge also commented.From a demonstration by Witbooi during the trial, when he showed to the court how he had opened his knife and carried out a stabbing motion in a flash, it could be seen that Witbooi had obviously devoted some effort to become able to handle a knife with such skill, Judge Van Niekerk said.Witbooi should now make an effort to strengthen his self-control and judgement as well, she added.Defence lawyer Winnie Christians represented Witbooi during the trial.Deputy Prosecutor General Jackson Kuutondokwa prosecuted.