‘Fatal stabbing of friend was murder’

THE deadly stabbing a little more than a year ago that claimed the life of the man that he said was his best friend returned to plague Mariental resident Johannes Petrus Witbooi again on Friday, when he was convicted in the High Court in Windhoek on a charge of murder.

Witbooi pleaded not guilty to a count of murder when his trial started before Judge Kato van Niekerk in the High Court at Keetmanshoop about a month ago. On Friday, he was convicted as charged, and the time that he had spent free on bail while his trial was pending came to an end.Witbooi tried to persuade the Judge to postpone the delivery of her judgement on Friday to enable him to attend the funeral of his stepfather at Mariental over the weekend.His request was refused, and instead of being able to attend the funeral, he was told that he would have to remain in Police custody until his sentencing, possibly early in November.Witbooi was accused of having murdered a fellow Mariental resident, Danlie Kock, by stabbing him to death at a shebeen at the town on the evening of September 23 last year.According to a plea explanation that Witbooi’s defence lawyer, Winnie Christians, informed Judge Van Niekerk of at the start of the trial, Witbooi claimed that he had acted in self-defence when he stabbed Kock.Christians related that according to Witbooi, Kock had taken money from him that evening.When Witbooi asked to have his money back, Kock told him that he was “just a laaitie”, using an Afrikaans word that refers to a youngster, Christians told the Judge.Witbooi knew Kock could be a dangerous man, as Kock had previously been convicted of murder and sentenced to 12 years’ imprisonment, Christians added.Kock had been out of prison for only a few months by the time the incident that would claim his life happened, the court was told.Fearing that Kock was about to attack him, Witbooi took out a knife he was carrying with him and stabbed Kock with the aim of incapacitating him, Christians sketched his client’s defence to the court.Witbooi did not have an intention to kill Kock, he said.According to evidence that Judge Van Niekerk heard during the trial, Witbooi, Kock and another two men had spent the day of the incident in each other’s company at various drinking and gambling spots at Mariental.By the evening, Witbooi and Kock were seen exiting a shebeen, apparently in the midst of an aggressive confrontation, Judge Van Niekerk indicated in her judgement on Friday.They were seen grabbing each other by the collars of their shirts, and Witbooi was seen pushing Kock over a braai grill, over which Kock tumbled to the ground.One of their friends separated the two men and took a knife away from Witbooi.When Kock was pulled up from the ground, it was noticed that he had blood on his shirt, and he was rushed to hospital.His life could not be saved, though.According to an autopsy report that was handed to the court, it was found that he had been stabbed twice in the chest and once on the inside of his right upper arm.One or two of the stab wounds penetrated into Kock’s heart.In her judgement Judge Van Niekerk related that Witbooi told the court that he got a fright when, during the confrontation between him and Kock over the money that he said Kock had taken from him, Kock put his hand into a back pocket of his trousers.Witbooi claimed he was afraid that Kock might have a knife in his pocket.Knowing Kock’s history – Kock having been convicted of murder for stabbing someone to death, according to Witbooi – he was afraid that Kock might not hesitate to use it against him, the Judge summarised the evidence.No knife was found on Kock or – except for the knife that Witbooi had – at the scene after the stabbing, the Judge noted.She also noted that according to witnesses who were at the scene, Witbooi made remarks about Kock having taken his money, without mentioning that he had stabbed Kock in self-defence or that he thought Kock was taking out a knife.The clear implication, Judge Van Niekerk said, was that Witbooi was angry about the money – said to have been N$450 – that Kock had taken from him.She said it was also clear that Witbooi had been the aggressor that evening, following Kock, grabbing him by the throat and stabbing him in a flash – in a movement that was so quick that Witbooi had to demonstrate it in court several times before the Judge could see how he had managed to take out his knife, open its blade and carry out quick stabbing motions so swiftly.The average person would know that the upper part of the chest is a very dangerous place to inflict a stab wound, the Judge remarked.She added that in her view there was no doubt that when Witbooi stabbed Kock, he knew he could cause his death, and he did it with an intention to kill.Witbooi is now scheduled to return to court on November 2 for the hearing of arguments about the sentence that he is set to receive.Deputy Prosecutor General Jackson Kuutondokwa conducted the prosecution against Witbooi.On Friday, he was convicted as charged, and the time that he had spent free on bail while his trial was pending came to an end.Witbooi tried to persuade the Judge to postpone the delivery of her judgement on Friday to enable him to attend the funeral of his stepfather at Mariental over the weekend.His request was refused, and instead of being able to attend the funeral, he was told that he would have to remain in Police custody until his sentencing, possibly early in November.Witbooi was accused of having murdered a fellow Mariental resident, Danlie Kock, by stabbing him to death at a shebeen at the town on the evening of September 23 last year.According to a plea explanation that Witbooi’s defence lawyer, Winnie Christians, informed Judge Van Niekerk of at the start of the trial, Witbooi claimed that he had acted in self-defence when he stabbed Kock.Christians related that according to Witbooi, Kock had taken money from him that evening.When Witbooi asked to have his money back, Kock told him that he was “just a laaitie”, using an Afrikaans word that refers to a youngster, Christians told the Judge.Witbooi knew Kock could be a dangerous man, as Kock had previously been convicted of murder and sentenced to 12 years’ imprisonment, Christians added.Kock had been out of prison for only a few months by the time the incident that would claim his life happened, the court was told.Fearing that Kock was about to attack him, Witbooi took out a knife he was carrying with him and stabbed Kock with the aim of incapacitating him, Christians sketched his client’s defence to the court.Witbooi did not have an intention to kill Kock, he said.According to evidence that Judge Van Niekerk heard during the trial, Witbooi, Kock and another two men had spent the day of the incident in each other’s company at various drinking and gambling spots at Mariental.By the evening, Witbooi and Kock were seen exiting a shebeen, apparently in the midst of an aggressive confrontation, Judge Van Niekerk indicated in her judgement on Friday.They were seen grabbing each other by the collars of their shirts, and Witbooi was seen pushing Kock over a braai grill, over which Kock tumbled to the ground.One of their friends separated the two men and took a knife away from Witbooi.When Kock was pulled up from the ground, it was noticed that he had blood on his shirt, and he was rushed to hospital.His life could not be saved, though.According to an autopsy report that was handed to the court, it was found that he had been stabbed twice in the chest and once on the inside of his right upper arm.One or two of the stab wounds penetrated into Kock’s heart.In her judgement Judge Van Niekerk related that Witbooi told the court that he got a fright when, during the confrontation between him and Kock over the money that he said Kock had taken from him, Kock put his hand into a back pocket of his trousers.Witbooi claimed he was afraid that Kock might have a knife in his pocket.Knowing Kock’s history – Kock having been convicted of murder for stabbing someone to death, according to Witbooi – he was afraid that Kock might not hesitate to use it against him, the Judge summarised the evidence.No knife was found on Kock or – except for the knife that Witbooi had – at the scene after the stabbing, the Judge noted.She also noted that according to witnesses who were at the scene, Witbooi made remarks about Kock having taken his money, without mentioning that he had stabbed Kock in self-defence or that he thought Kock was taking out a knife.The clear implication, Judge Van Niekerk said, was that Witbooi was angry about the money – said to have been N$450 – that Kock had taken from him.She said it was also clear that Witbooi had been the aggressor that evening, following Kock, grabbing him by the throat and stabbing him in a flash – in a movement that was so quick that Witbooi had to demonstrate it in court several times before the Judge could see how he had managed to take out his knife, open its blade and carry out quick stabbing motions so swiftly.The average person would know that the upper part of the chest is a very dangerous place to inflict a stab wound, the Judge remarked.She added that in her view there was no doubt that when Witbooi stabbed Kock, he knew he could cause his death, and he did it with an intention to kill.Witbooi is now scheduled to return to court on November 2 for the hearing of arguments about the sentence that he is set to receive.Deputy Prosecutor General Jackson Kuutondokwa conducted the prosecution against Witbooi.