Diergaardt to hear fate today
Johny Ryno Diergaardt will hear his fate today as the High Court makes its ruling in a murder in which four different knives were used to carry out the brutal attack.
30 July 2019 | Justice
In the matter, accused Johny Ryno Diergaardt, 33, is charged with a count of murder in respect of the circumstances in which his girlfriend, Tiffany Tanita Lewin, lost her life on 3 March 2014.
The case caused a public outcry as it emerged at Lewin's four-year-old son had tried to intervene, stabbing Diergaardt in the upper thigh while his mother was being attacked.
The incident occurred in a room Diergaardt rented in Khomasdal's Garnet Street.
The case is being dealt with under the strict provisions of the Combating of Domestic Violence Act, which calls for heavy punishment.
In her written submission for judgment, Jacobs argued that it was clear from the evidence presented before the court that Diergaardt was not suffering from a mental illness at the time of the incident as he claimed during trial.
Diergaardt acted with a direct intent to kill when he brutally stabbed Lewin about 27 times with four different knives, killing her at the scene, she said.
“Therefore, the accused person must be found guilty on a charge of murder with direct intention to kill because he brutally stabbed the deceased to death without any provocation,” submitted Jacobs.
On his part, Diergaardt's lawyer Isaacks said the prosecution failed to prove beyond reasonable doubt that his client acted with direct intent to kill.
“Diergaardt was never in a sober state of mind when he stabbed Lewin to death on that fateful day and acted out of his personal character. This man stabbed the deceased in a moment of weakness and was really provoked by something else when he committed the offence. This murder incident was preceded by some kind of provocation,” said Isaacks.
Diergaardt allegedly stabbed Lewin in front of her four-year-old son. The knife was found stuck in her head.
Media reports at the time indicated that the boy intervened and stabbed the accused on his upper thigh in an attempt to stop him from stabbing his mother.
Diergaardt remains in custody at the Windhoek Correctional Facility's section for trial-awaiting prisoners, pending the handing down of judgment.