Man withdraws appeal against murder conviction
Andries Coetzee, who is serving an 18-year prison sentence for the murder of his girlfriend, has withdrawn an appeal against the conviction, which he had filed at the Windhoek High Court.
After submissions from defence counsel Thomas Andima, representing Coetzee, and State advocate Loretha Muvangua, the court ordered that the case be removed from the roll following Coetzee’s request.
The 38-year-old was convicted of murder with intent in the form of dolus eventualis, read with the provisions of the Combating of Domestic Violence Act, after the court found that he had fatally stabbed his girlfriend, Endeline Tjombe, during a domestic altercation between 14 and 15 June 2017.
He was sentenced to 18 years’ imprisonment, with four years suspended for five years on condition of good behaviour.
Grounds of appeal
In his appeal, Coetzee maintained that the State had failed to prove beyond a reasonable doubt that the stab wound caused his girlfriend’s death.
He argued that he had acted in self-defence after allegedly being attacked with an iron bar and insisted that he did not foresee his actions resulting in her death. He also claimed that, as a layperson, he could not have anticipated the fatal outcome.
The State countered that Coetzee’s version of events was inconsistent and unreliable, noting that it had changed from what he had reportedly told witnesses and police after his arrest.
Coetzee had testified that the deceased initially attacked him with an iron bar while he was sleeping, and during the ensuing scuffle, she allegedly gained access to a knife. Coetzee claimed that the iron bar scratched her arm, which he suggested contributed to her death. The State maintained that the post-mortem report confirmed death by a stab wound.
After filing heads of argument and receiving the State’s response, Coetzee opted to abandon his appeal, effectively leaving his conviction and sentence intact.
The High Court subsequently issued an order confirming that the matter was removed from the roll at the appellant’s request.
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After submissions from defence counsel Thomas Andima, representing Coetzee, and State advocate Loretha Muvangua, the court ordered that the case be removed from the roll following Coetzee’s request.
The 38-year-old was convicted of murder with intent in the form of dolus eventualis, read with the provisions of the Combating of Domestic Violence Act, after the court found that he had fatally stabbed his girlfriend, Endeline Tjombe, during a domestic altercation between 14 and 15 June 2017.
He was sentenced to 18 years’ imprisonment, with four years suspended for five years on condition of good behaviour.
Grounds of appeal
In his appeal, Coetzee maintained that the State had failed to prove beyond a reasonable doubt that the stab wound caused his girlfriend’s death.
He argued that he had acted in self-defence after allegedly being attacked with an iron bar and insisted that he did not foresee his actions resulting in her death. He also claimed that, as a layperson, he could not have anticipated the fatal outcome.
The State countered that Coetzee’s version of events was inconsistent and unreliable, noting that it had changed from what he had reportedly told witnesses and police after his arrest.
Coetzee had testified that the deceased initially attacked him with an iron bar while he was sleeping, and during the ensuing scuffle, she allegedly gained access to a knife. Coetzee claimed that the iron bar scratched her arm, which he suggested contributed to her death. The State maintained that the post-mortem report confirmed death by a stab wound.
After filing heads of argument and receiving the State’s response, Coetzee opted to abandon his appeal, effectively leaving his conviction and sentence intact.
The High Court subsequently issued an order confirming that the matter was removed from the roll at the appellant’s request.
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