Dausab guilty of killing student pastor
The High Court has found Andre Dausab (37) guilty of the murder of student pastor Motlamme Gotaone (33) in Windhoek about three years ago.
Judge Naomi Shivute yesterday convicted him of murder with direct intent to kill.
The court found that Dausab tried to hide behind a defence of non-pathological criminal incapacity because of loss of temper, anger, stress and frustration following Gotaone's decision to end their relationship.
“The accused cannot be exonerated from his actions as the defence cannot avail him. That he repeatedly stabbed the deceased with knives is clear evidence of direct intent to kill,” Shivute said.
About 14 stab wounds were inflicted on Gotaone's body with three knives.
Dausab, a former computer technician, murdered Gotaone, who was a trainee pastor at the Paulinium Theological College, on 22 February 2014. He was referred for psychiatric observation and was declared fit to stand trial.
Shivute said Dausab claimed that he had lost self-control due to anger, stress, fear, tension, an emotional storm and total personality disintegration. She said in order to succeed with that defence, Dausab was required to lay the basis that due to non-pathological criminal incapacity he had diminished criminal responsibility.
According to her, the State showed that Dausab exercised his free will and voluntarily committed the offence.
It was found that he had sent text messages to Gotaone expressing his anger and frustration towards her, as well as further declaring his intention to do “all those things and murder”.
“The accused fulfilled his intention. His behaviour before, during and after the murder was not consistent with conduct to be expected from person without conduct recollection of a critical moment,” she stated.
The judge emphasised that the circumstances of the case revealed that Dausab at all times was conscious and was able to direct his conduct or actions and distinguish between right and wrong.
“The accused cannot be exonerated from his actions.
The defence of non-pathological criminal incapacity cannot be availed to him,” she stated. Shivute stated that Dausab, by saying he became blank or he had a blackout, was trying to disassociate himself from his actions.
“The fact that he was able to recall what had happened and told Dr Ndahambelela Mthoko, a psychiatrist, and a police officer about it is a clear indication that he knew what he was doing,” the judge found.
Dausab admitted that he had been in a romantic relationship with the Gotaone since 2011 and that prior to the stabbing they were quarrelling.
The case was postponed to 30 August for sentencing.
FRED GOEIEMAN
Judge Naomi Shivute yesterday convicted him of murder with direct intent to kill.
The court found that Dausab tried to hide behind a defence of non-pathological criminal incapacity because of loss of temper, anger, stress and frustration following Gotaone's decision to end their relationship.
“The accused cannot be exonerated from his actions as the defence cannot avail him. That he repeatedly stabbed the deceased with knives is clear evidence of direct intent to kill,” Shivute said.
About 14 stab wounds were inflicted on Gotaone's body with three knives.
Dausab, a former computer technician, murdered Gotaone, who was a trainee pastor at the Paulinium Theological College, on 22 February 2014. He was referred for psychiatric observation and was declared fit to stand trial.
Shivute said Dausab claimed that he had lost self-control due to anger, stress, fear, tension, an emotional storm and total personality disintegration. She said in order to succeed with that defence, Dausab was required to lay the basis that due to non-pathological criminal incapacity he had diminished criminal responsibility.
According to her, the State showed that Dausab exercised his free will and voluntarily committed the offence.
It was found that he had sent text messages to Gotaone expressing his anger and frustration towards her, as well as further declaring his intention to do “all those things and murder”.
“The accused fulfilled his intention. His behaviour before, during and after the murder was not consistent with conduct to be expected from person without conduct recollection of a critical moment,” she stated.
The judge emphasised that the circumstances of the case revealed that Dausab at all times was conscious and was able to direct his conduct or actions and distinguish between right and wrong.
“The accused cannot be exonerated from his actions.
The defence of non-pathological criminal incapacity cannot be availed to him,” she stated. Shivute stated that Dausab, by saying he became blank or he had a blackout, was trying to disassociate himself from his actions.
“The fact that he was able to recall what had happened and told Dr Ndahambelela Mthoko, a psychiatrist, and a police officer about it is a clear indication that he knew what he was doing,” the judge found.
Dausab admitted that he had been in a romantic relationship with the Gotaone since 2011 and that prior to the stabbing they were quarrelling.
The case was postponed to 30 August for sentencing.
FRED GOEIEMAN
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