Aranos farmer guilty

A farmer of the Aranos area who killed his wife in an argument over the funeral procession of the late South African AWB leader Eugène Terre'Blanche was found guilty of murder with direct intent.

Willem Visagie Barnard shot and killed his wife, Anette on 10 April 2010 at their farm near Aranos, in the district of Mariental.

At the time of the incident the couple were married and alone at the farmhouse.

Barnard denied criminal responsibility based on the defence of non-pathological criminal incapacity and said this was supported by medical reports which stated that with the combination of alcohol, Alprazolam, Zopiclone on that day, he would have been likely to have suffered from memory loss for several hours.

His defence further argued that Barnard might not be able to appreciate the wrongfulness of his actions due to the timing, amount and combination of psychoactive substances he and his wife consumed during the course of the day the shooting took place.

However, Judge Naomi Shivute in her judgment emphasised that although the substances taken are capable of causing loss of memory which could result in a temporary non-pathological criminal incapacity, the evidence revealed that Barnard was in control of his mental faculties.

“He was able to remember most of what happened but conveniently had lapses of memory of the crucial event,” Shivute said. She, therefore, came to the conclusion that Barnard was hiding behind the defence of non-pathological criminal incapacity in order to escape the liability for his actions. Shivute said he could not tender an explanation of how the gun residue came onto his hand and for it to be on both his hands, both were adjacent to the firearm at the time of shooting. Anette had residue on one hand.

“A link has been established between the firearm, Barnard and Anette.

The only reasonable inference that can be drawn is Barnard is the one who shot the deceased,” she said and added that she is satisfied that the state proved its case beyond any reasonable doubt.

She found Barnard guilty of murder with direct intent.

Barnard told the court that on the afternoon of that fateful day he went to one of the posts on his farm to start an engine but experienced problems and returned home in the dark.

He and his wife continued to drink two bottles of brandy and 2.5 litres of Johannesburger wine.

They were watching the funeral of the late Terre'Blanche on television.

It is during this time the state says an argument erupted between them over the South African political leader and this is when Barnard shot his wife in the head. Barnard said he took alcohol combined with the prescribed drugs, Alzam and others.

He used Alzam for the purpose of calming him down as he was nervous and used to stutter.

He went to bath and returned to the lounge where he found his wife still sitting in front of the television.

He said he had wanted to smoke but passed out and when he woke up he saw his wife lying with her head down on the coffee table.

He said he saw a mark on the table but then realised it was blood although he initially thought it was coffee spilled on the table.

He was shocked and when he saw a phone, he took it and saw the number of his daughter. He dialled and his son-in-law answered.

“Your mother was shot,” he said he told him. However, Hermanus Leeb, Barnard's son-in-law testified that Barnard said, “I shot your mother. I had enough of that.”

He further said Barnard had added: “I lost control. I snapped.”



FRED GOEIEMAN