A Rehoboth resident convicted of murdering his brother by stabbing him in the heart with a knife has been sentenced to life imprisonment at the end of his trial in the High Court.
Judge Dinnah Usiku sentenced Riaan van Wyk (46) to a life prison term on Friday, after describing Van Wyk as a danger to society who appears not to have been deterred by previous sentences that he received for violent crimes he had committed.
“The accused stands convicted of serious crimes, namely murder and attempted murder,” Usiku said during the sentencing in the High Court at Windhoek Correctional Facility. “These crimes are very serious and call for severe punishment.”
In terms of a regulation issued under Namibia’s Correctional Service Act of 2012, a prisoner sentenced to life imprisonment has to serve at least a period of 25 years’ imprisonment before they become eligible to be released on parole or probation.
Van Wyk was found guilty on a charge of murder, committed with a direct intention to kill, and a count of attempted murder in May.
Usiku found that he murdered one of his brothers, Frederik van Wyk (47), at Rehoboth on 13 November 2021 by stabbing him in the chest with a knife. Frederik died as a result of an injury to his heart.
The stabbing took place after Frederik tried to intervene in a scuffle in which Riaan and another man were involved.
The count of attempted murder on which Van Wyk was convicted involved another of his brothers, who was also stabbed at Rehoboth on 13 November 2021, after he had asked Van Wyk why he had stabbed their brother.
The fatal incident took place nine years after Van Wyk had been sent to prison for killing one of his other brothers, the court was informed during a presentence hearing four weeks ago.
The court was informed that Van Wyk previously was convicted of culpable homicide after he killed one of his other brothers with a knife, and of attempted murder, which also involved a relative as a victim. He was sentenced to seven years’ imprisonment on the charge of culpable homicide in September 2012, with two years of that jail term suspended for a period of five years.
Van Wyk’s previous conviction on a charge of attempted murder dates back to April 2000, when he was sentenced to four years’ imprisonment, of which one year was suspended for a period of five years.
During his trial before Usiku, Van Wyk claimed he was acting in self-defence when he stabbed his two brothers, who, according to him, were attacking him after an argument about the sale of a farm they had inherited from their parents.
In the judgement that she delivered in May, Usiku said Van Wyk also conceded that he stabbed Frederik without Frederik having attacked him. She concluded it was shown that Van Wyk’s claim of having acted in self-defence was not true.
Usiku said on Friday it is an aggravating factor that Van Wyk has previous convictions for violent crimes.
She said the court first and foremost had to ensure he is prevented from repeating similar crimes. Usiku said: “It will be unfair for the accused not to be sentenced to a long custodial sentence and to continue to roam around the streets because the victim [of the attempted murder] and the deceased were his brothers and their family has forgiven him.” She also said: “The offspring of the deceased deserve justice, and that justice will be to have him removed from society for a considerable period of time, because he is clearly a danger to society.”
Van Wyk did not have legal representation during the last stage of his trial. The state was represented by Beata Hamunyela.
