THE trial of a Dordabis area farmworker who was accused of having tried to murder a female farmer during a robbery last year ended on an off-key note on Friday, when a Windhoek Magistrate exceeded his powers as he sentenced the suspect to an effective 13 years’ imprisonment.
Ernst Windstaan (25) stood trial before Magistrate Thomas Kanime on counts of attempted murder and robbery with aggravating circumstances. He pleaded not guilty to both counts when the trial started in the Dordabis Magistrate’s Court on April 19.On Friday last week, the trial ended in the Windhoek Magistrate’s Court in Katutura, when Magistrate Kanime convicted Windstaan on both charges – and then went on to exceed his jurisdiction as a lower-court Magistrate by sentencing Windstaan to more than the five-year prison term that any district Magistrate’s Court is allowed to impose on this type of charge.Magistrate Kanime sentenced Windstaan to six years’ imprisonment on the charge of robbery with aggravating circumstances, and to a seven-year jail term on the attempted murder charge.With the two sentences not ordered to be served concurrently, Windstaan has in effect been sentenced to 13 years’ imprisonment.Windstaan was accused of having attacked farmer Frauke Ruegheimer at the farm Neuhof Kowas some 45 kilometres east of Dordabis on July 14 last year.During the trial, Ruegheimer told the court that she recognised Windstaan as being the person who attacked and robbed her that day.The court also heard testimony that footprints that were followed from the scene of the attack on Ruegheimer eventually led to another farm 40 km east of Neuhof Kowas, where Windstaan was then found.The prints made by his shoes matched the prints found at the scene of the attack, the court was told.During the robbery, N$500 in cash, a watch and a pocketknife were stolen from Ruegheimer.When he was found at about 19h00 on the day of the attack – which had taken place at around 10h00 – Windstaan had cash of N$500 with him, also had a pocket knife that Ruegheimer identified as the one taken from her, and admitted to a Police officer that he was responsible for the bloody attack, the court heard.The policeman, Warrant Officer Hans Richter, told the court that the next morning Windstaan accompanied him back to farm Neuhof Kowas, where Windstaan showed him where he had hidden personal effects belonging to Ruegheimer, including an identity document, that had been in a handbag he had taken from her.Ruegheimer told the court that she was on her way back to her house on the farm on the morning in question when she encountered a man at a gate.The person told her his name was Ernst Windstaan, and said he was looking for work.She thought she left him at the gate when she drove on, but at the next gate only some 50 metres on, she suddenly found the same man standing next to her.He took out a knife, switched off her car and told her that he would get something from her, she told the court.That person was the same Windstaan who was in the dock in court, she said.Ruegheimer testified that she and the man walked to a shed near the farmhouse.There, the man got hold of a wooden fencing pole and started to attack her.He hit her on the back of her head, she said.She fell to the ground, but got up again and ran to the house.She was still trying to open the door when the man was again at her side.This time, he stabbed her with a knife, cutting her on one hand, she testified.The man then forced her into the house, and inside he hit her again, and she fell to the floor.As he approached her, she tried to fight him off, and managed to kick him between his legs, she said.The attacker then again used his knife against her.He stabbed her once under her left arm, and while still holding her down, stabbed her a second time in her back, she testified.Both wounds penetrated into her chest, the court heard from a doctor who treated Ruegheimer afterwards.She was lucky to have survived the attack, the doctor told the court.Ruegheimer still tried to fight the attacker off, but he pushed her against a wall, she said.As their struggle continued into her bedroom, she tried to reach for a two-way radio, but the attacker quickly put it out of operation by cutting one of its cables, she said.In the room, she handed over her handbag to him, and after locking her in the room, the man left.A while later one of her employees at the farm raised the alarm at a neighbouring farm when she asked him to summon help.Public Prosecutor Hitjevi Tjiroze represented the State during the trial.Windstaan was not legally represented, which means that the case will have to be sent to the High Court on review.He pleaded not guilty to both counts when the trial started in the Dordabis Magistrate’s Court on April 19.On Friday last week, the trial ended in the Windhoek Magistrate’s Court in Katutura, when Magistrate Kanime convicted Windstaan on both charges – and then went on to exceed his jurisdiction as a lower-court Magistrate by sentencing Windstaan to more than the five-year prison term that any district Magistrate’s Court is allowed to impose on this type of charge. Magistrate Kanime sentenced Windstaan to six years’ imprisonment on the charge of robbery with aggravating circumstances, and to a seven-year jail term on the attempted murder charge.With the two sentences not ordered to be served concurrently, Windstaan has in effect been sentenced to 13 years’ imprisonment.Windstaan was accused of having attacked farmer Frauke Ruegheimer at the farm Neuhof Kowas some 45 kilometres east of Dordabis on July 14 last year.During the trial, Ruegheimer told the court that she recognised Windstaan as being the person who attacked and robbed her that day.The court also heard testimony that footprints that were followed from the scene of the attack on Ruegheimer eventually led to another farm 40 km east of Neuhof Kowas, where Windstaan was then found.The prints made by his shoes matched the prints found at the scene of the attack, the court was told.During the robbery, N$500 in cash, a watch and a pocketknife were stolen from Ruegheimer.When he was found at about 19h00 on the day of the attack – which had taken place at around 10h00 – Windstaan had cash of N$500 with him, also had a pocket knife that Ruegheimer identified as the one taken from her, and admitted to a Police officer that he was responsible for the bloody attack, the court heard.The policeman, Warrant Officer Hans Richter, told the court that the next morning Windstaan accompanied him back to farm Neuhof Kowas, where Windstaan showed him where he had hidden personal effects belonging to Ruegheimer, including an identity document, that had been in a handbag he had taken from her.Ruegheimer told the court that she was on her way back to her house on the farm on the morning in question when she encountered a man at a gate.The person told her his name was Ernst Windstaan, and said he was looking for work.She thought she left him at the gate when she drove on, but at the next gate only some 50 metres on, she suddenly found the same man standing next to her.He took out a knife, switched off her car and told her that he would get something from her, she told the court.That person was the same Windstaan who was in the dock in court, she said.Ruegheimer testified that she and the man walked to a shed near the farmhouse.There, the man got hold of a wooden fencing pole and started to attack her.He hit her on the back of her head, she said.She fell to the ground, but got up again and ran to the house.She was still trying to open the door when the man was again at her side.This time, he stabbed her with a knife, cutting her on one hand, she testified.The man then forced her into the house, and inside he hit her again, and she fell to the floor.As he approached her, she tried to fight him off, and managed to kick him between his legs, she said.The attacker then again used his knife against her.He stabbed her once under her left arm, and while still holding her down, stabbed her a second time in her back, she testified.Both wounds penetrated into her chest, the court heard from a doctor who treated Ruegheimer afterwards.She was lucky to have survived the attack, the doctor told the court.Ruegheimer still tried to fight the attacker off, but he pushed her against a wall, she said.As their struggle continued into her bedroom, she tried to reach for a two-way radio, but the attacker quickly put it out of operation by cutting one of its cables, she said.In the room, she handed over her handbag to him, and after locking her in the room, the man left.A while later one of her employees at the farm raised the alarm at a neighbouring farm when she asked him to summon help.Public Prosecutor Hitjevi Tjiroze represented the State during the trial.Windstaan was not legally represented, which means that the case will have to be sent to the High Court on review.
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