Verdict date set for Naobeb

THE murder trial of Gobabis resident Ronny Naobeb is scheduled to near its conclusion in the High Court in Windhoek on August 10, when a verdict is set to be delivered.

Naobeb (27) is accused of murdering his girlfriend, Sesley Esmarelda Swartbooi (24), in a knife attack at Gobabis on September 29 2004. When his trial began before Judge Sylvester Mainga on July 10, he pleaded not guilty to a charge of murder and a second count of attempted murder, in which he is accused of having tried to kill a neighbour of Swartbooi who tried to come to her rescue.In a plea explanation that Naobeb’s defence counsel, Boris Isaacks, conveyed to the Judge, Naobeb claimed that he had no intention to kill Swartbooi, but wanted to only injure her when he stabbed her “several times”.During the trial, Judge Mainga heard testimony from two Police officers who claimed that they counted 24 stab or cut wounds on Swartbooi’s body.A doctor who performed an autopsy on the body told the court that he recorded 13 stab wounds, which he considered to be the more serious and important injuries, on the body.A stab wound to Swartbooi’s back that penetrated into her left lung was identified as the fatal injury.When he testified, Naobeb stated that he only could recall stabbing Swartbooi eight times.He claimed that he wanted to retaliate against Swartbooi after she had suddenly rushed at him with a knife in her hands while they were having a discussion in her house.He took the knife off her, stabbed her first in the back of her neck, and then proceeded to stab her in her chest and back, Naobeb testified.He also related that he pursued Swartbooi to continue with the stabbing while she tried to flee from the attack.”I was angry,” Naobeb stated.He added: “My intention was just to injure, not to kill.”Addressing the Judge on Wednesday last week with final arguments on the verdict that is to be delivered, Isaacks stressed that Naobeb’s intention was not murderous.He argued that Naobeb had been provoked by Swartbooi, and that this provocation diminished an intention to commit murder.Objectively one could say that Naobeb should have known that Swartbooi could be killed as a result of the stabbing, but what has to be considered by the court is Naobeb’s subjective insight at the time of the stabbing, Isaacks argued.He conceded though that all the evidence before the court showed that Naobeb had committed murder.This, however, was not with a direct intention to kill, Isaacks argued.On the attempted murder charge, he argued that there was contradictory and changing evidence before the court, and that Naobeb has to be acquitted on this count.State advocate Ruben Shileka asked the Judge to convict Naobeb of murder with a direct intention to kill.Noting that the court heard testimony in which it was claimed that Naobeb had threatened to kill Swartbooi some time before the stabbing, and that Swartbooi appeared to be fearing for her safety on the day of the stabbing, Shileka argued that the only inference that could be drawn was that Naobeb had planned to kill Swartbooi.Swartbooi’s injuries were “brutally and cold-bloodedly inflicted”, Shileka said.He added that from the number of stab wounds inflicted on Swartbooi, the only inference that could be drawn was that Naobeb had a direct intention to kill her.Naobeb remains in Police custody.He has been in custody since his arrest on the day of the incident.When his trial began before Judge Sylvester Mainga on July 10, he pleaded not guilty to a charge of murder and a second count of attempted murder, in which he is accused of having tried to kill a neighbour of Swartbooi who tried to come to her rescue.In a plea explanation that Naobeb’s defence counsel, Boris Isaacks, conveyed to the Judge, Naobeb claimed that he had no intention to kill Swartbooi, but wanted to only injure her when he stabbed her “several times”.During the trial, Judge Mainga heard testimony from two Police officers who claimed that they counted 24 stab or cut wounds on Swartbooi’s body.A doctor who performed an autopsy on the body told the court that he recorded 13 stab wounds, which he considered to be the more serious and important injuries, on the body.A stab wound to Swartbooi’s back that penetrated into her left lung was identified as the fatal injury.When he testified, Naobeb stated that he only could recall stabbing Swartbooi eight times.He claimed that he wanted to retaliate against Swartbooi after she had suddenly rushed at him with a knife in her hands while they were having a discussion in her house.He took the knife off her, stabbed her first in the back of her neck, and then proceeded to stab her in her chest and back, Naobeb testified.He also related that he pursued Swartbooi to continue with the stabbing while she tried to flee from the attack.”I was angry,” Naobeb stated.He added: “My intention was just to injure, not to kill.”Addressing the Judge on Wednesday last week with final arguments on the verdict that is to be delivered, Isaacks stressed that Naobeb’s intention was not murderous.He argued that Naobeb had been provoked by Swartbooi, and that this provocation diminished an intention to commit murder.Objectively one could say that Naobeb should have known that Swartbooi could be killed as a result of the stabbing, but what has to be considered by the court is Naobeb’s subjective insight at the time of the stabbing, Isaacks argued.He conceded though that all the evidence before the court showed that Naobeb had committed murder.This, however, was not with a direct intention to kill, Isaacks argued.On the attempted murder charge, he argued that there was contradictory and changing evidence before the court, and that Naobeb has to be acquitted on this count.State advocate Ruben Shileka asked the Judge to convict Naobeb of murder with a direct intention to kill.Noting that the court heard testimony in which it was claimed that Naobeb had threatened to kill Swartbooi some time before the stabbing, and that Swartbooi appeared to be fearing for her safety on the day of the stabbing, Shileka argued that the only inference that could be drawn was that Naobeb had planned to kill Swartbooi.Swartbooi’s injuries were “brutally and cold-bloodedly inflicted”, Shileka said.He added that from the number of stab wounds inflicted on Swartbooi, the only inference that could be drawn was that Naobeb had a direct intention to kill her.Naobeb remains in Police custody.He has been in custody since his arrest on the day of the incident.