A 21-year-old former Bethanie area farm worker, who is accused of having murdered an elderly farmer almost three years ago, admits that he inflicted the fatal blow that ended the farmer’s life, the High Court in Windhoek heard at the start of his murder trial on Friday.
The trial of Christo Niklaaste (21) started before Acting Judge Simpson Mtambanengwe with defence lawyer Christie Mostert informing the court that while Niklaaste was pleading guilty on the murder charge, he is not admitting that he had a direct intention to kill 72-year-old Johannes Harms Booysen. Booysen was murdered at the farm Buchholtzbrunn near Bethanie between April 17 and 28 2003.Mostert told the Acting Judge that Niklaaste was pleading guilty to a count of murder on the basis that he foresaw the possibility that the blow, or blows, that he landed on Booysen’s head with a spade could lead to Booysen’s death.Niklaaste however did not offer an unequivocal admission that he had a direct intention to kill Booysen, and as a result Deputy Prosecutor-General Antonia Verhoef, who is representing the State in the trial, told the court that the State did not accept his plea on that charge and would proceed to lead evidence against him.Niklaaste is facing charges of murder, robbery with aggravating circumstances, violating a dead human body, defeating or obstructing the course of justice or attempting to do so, and illegal possession of a firearm.The prosecution abandoned the charge of violating a dead human body on Friday, and Niklaaste pleaded guilty to the related charge of attempting to defeat the course of justice.He also offered to plead guilty to theft instead of robbery with aggravating circumstances, but Verhoef refused to accept that plea too.According to a statement by Niklaaste that Mostert read to the court, he is claiming that he arrived at Booysen’s farm between April 17 and 28 2003 because he wanted to look for employment as a farmworker.Booysen “abruptly declined” his request for work, and then accused him of being responsible for the killing of springbok at the farm, Niklaaste related in the statement.He said he denied this accusation, but Booysen persisted with it, and a verbal argument ensued between them.As this was going on, Booysen took out a pistol and held it in his hand, but he pointed it at the ground and not at him, Niklaaste continued in the plea explanation.He stated that he was angry and saw a spade lying on the ground, which he then picked up and used to hit Booysen against the head.”It was a forceful blow,” but he could not remember how many times he hit the farmer, Niklaaste added.After Booysen had fallen to the ground, he realised that the farmer had died as a result of the assault, the statement continues.Niklaaste said he wanted to conceal the incident, so he dragged Booysen’s body into a nearby ditch and burned it by setting fire to some tree branches that were also in the ditch.After he had set the body on fire, he went into Booysen’s house and stole a number of items – including food, a car battery, two pocket knives, a watch, sunglasses and a small bag of coins – from there, Niklaaste further admitted.He also took Booysen’s pistol from him when he saw that the farmer had died, Niklaaste added.He stated that he decided to steal the items only after he had seen that Booysen was dead.Having accepted Niklaaste’s plea only on the charge of attempting to defeat the course of justice, Verhoef called the first witness for the prosecution to the witness stand on Friday.She was Dr Elizabeth Shangula, the State pathologist who performed an autopsy on Booysen’s burnt remains after these were discovered at Buchholtzbrunn on May 1 2003.Dr Shangula told the court that she found that Booysen’s skull had been fractured in two places – at the side of his head above the left ear, and at the base of the skull.The injury to the side of his head could have been the result of having been hit with a spade, which in her opinion would have been wielded with excessive force, she told Acting Judge Mtambanengwe.The trial is set to continue today.Booysen was murdered at the farm Buchholtzbrunn near Bethanie between April 17 and 28 2003.Mostert told the Acting Judge that Niklaaste was pleading guilty to a count of murder on the basis that he foresaw the possibility that the blow, or blows, that he landed on Booysen’s head with a spade could lead to Booysen’s death.Niklaaste however did not offer an unequivocal admission that he had a direct intention to kill Booysen, and as a result Deputy Prosecutor-General Antonia Verhoef, who is representing the State in the trial, told the court that the State did not accept his plea on that charge and would proceed to lead evidence against him.Niklaaste is facing charges of murder, robbery with aggravating circumstances, violating a dead human body, defeating or obstructing the course of justice or attempting to do so, and illegal possession of a firearm.The prosecution abandoned the charge of violating a dead human body on Friday, and Niklaaste pleaded guilty to the related charge of attempting to defeat the course of justice.He also offered to plead guilty to theft instead of robbery with aggravating circumstances, but Verhoef refused to accept that plea too.According to a statement by Niklaaste that Mostert read to the court, he is claiming that he arrived at Booysen’s farm between April 17 and 28 2003 because he wanted to look for employment as a farmworker.Booysen “abruptly declined” his request for work, and then accused him of being responsible for the killing of springbok at the farm, Niklaaste related in the statement.He said he denied this accusation, but Booysen persisted with it, and a verbal argument ensued between them.As this was going on, Booysen took out a pistol and held it in his hand, but he pointed it at the ground and not at him, Niklaaste continued in the plea explanation.He stated that he was angry and saw a spade lying on the ground, which he then picked up and used to hit Booysen against the head.”It was a forceful blow,” but he could not remember how many times he hit the farmer, Niklaaste added.After Booysen had fallen to the ground, he realised that the farmer had died as a result of the assault, the statement continues.Niklaaste said he wanted to conceal the incident, so he dragged Booysen’s body into a nearby ditch and burned it by setting fire to some tree branches that were also in the ditch.After he had set the body on fire, he went into Booysen’s house and stole a number of items – including food, a car battery, two pocket knives, a watch, sunglasses and a small bag of coins – from there, Niklaaste further admitted.He also took Booysen’s pistol from him when he saw that the farmer had died, Niklaaste added.He stated that he decided to steal the items only after he had seen that Booysen was dead.Having accepted Niklaaste’s plea only on the charge of attempting to defeat the course of justice, Verhoef called the first witness for the prosecution to the witness stand on Friday.She was Dr Elizabeth Shangula, the State pathologist who performed an autopsy on Booysen’s burnt remains after these were discovered at Buchholtzbrunn on May 1 2003.Dr Shangula told the court that she found that Booysen’s skull had been fractured in two places – at the side of his head above the left ear, and at the base of the skull.The injury to the side of his head could have been the result of having been hit with a spade, which in her opinion would have been wielded with excessive force, she told Acting Judge Mtambanengwe.The trial is set to continue today.
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