A plea explanation that ascribed a vicious attack upon a helpless San woman by her romantic partner to provocation because of insults and swearing, saw High Court Judge Christi Liebenberg rejecting the guilty plea in the High Court on Tuesday.
After State-funded defence counsel Afrika Jantjies read the plea explanation of Kaxui Katjivi, 33, into the record, Deputy Prosecutor General Antonia Verhoef informed the court the State accepted the elements of the crime but not the allegations of swearing and provocation.
Katjivi already pleaded guilty to all charges in the Windhoek High Court before Judge Christi Liebenberg last month, but Judge Liebenberg did not accept the plea explanation on May 18 because “it did not explain the reasons for the plea comprehensively”.
The judge ordered Jantjies to prepare a new plea setting out the reason for each plea.
Katjivi is charged with murder with direct intent, read with the Combating of Domestic Violence Act, assault with intent to do grievous bodily harm and one count of assault.
It is alleged and admitted that Katjivi killed Dina Anton by stabbing her at least ten times with a knife at Otjinene in the Gobabis District on July 31, 2014.
He also faces a charge of assault with intent to do grievous bodily harm for attempting to stab Alfeus Katai Haurumbu, who tried to come to the aid of the deceased while Katjivi was stabbing the deceased.
Katjivi faces a further charge of assault for threatening Bertha Tlao Eises with a knife and for pushing her out of his house, causing her some injuries.
The new explanation described how Katjivi got home and was awaited by his girlfriend and mother of his six children, Dina Anton [the deceased] and her sister Bertha Eises, who started to swear at him and insult him and his mother.
According to the plea explanation the insults and swearing continued unabated with Eises telling him to kill them both in a confrontational manner, and slapped him.
“The arguments continued for some time. I realised that it was getting late and my children had not yet eaten. I decided to make a fire and prepare a meal for my children as their mother (the deceased) has not done so. I proceeded to fetch a butcher knife and started cutting meat,” the plea explanation read.
He continued that while busy preparing the food he recalled the many times the deceased and her sister caused him emotional suffering and harm and even caused him to be assaulted by her male friends.
“At some point whilst still continuing with the verbal insults against me, the deceased came towards me and continued to insult me. The deceased did not attack me physically. I was so angry and felt provoked. I took the butcher knife, grabbed her and stabbed the deceased multiple times on her chest and arms. I also continued to stab her on her back when she fell down,” Katjivi said in his plea explanation.
He also admitted he made stabbing motions in the direction of Haurumbu who managed to avoid the blows, and that he threatened to stab Eises and pushed her out of his house.
According to Katjivi he was “consumed with anger and failed to control my anger.” He further said “my anger overwhelmed me to such an extent that I committed this horrible, cruel and chilling act.”
He further said that he now sits with regret and he wishes he could take back his actions.
“Today I sit here responsible for having robbed the deceased of her life and our children of their mother in such a violent and cruel manner,” said Katjivi.
Katjivi says he is truly regretful and sorry for his actions and prays for the court to show him mercy.
However, Eises who witnessed the murder disputed everything Katjivi said in the plea explanation.
According to her she went to the house of the accused with her sister, the deceased, to fetch the clothes of the deceased. When they arrived there they found the accused there who told the deceased ‘you will not take anything from here’, after which he slapped the deceased and pushed her onto the bed. She continued that the deceased then pulled a knife from his pocket and she tried to stop him and he threatened to kill her and pushed her out of the house.
She testified that she then went to the police station where a certain police officer by the name of Kaaronda told her that he will not intervene as he is “tired of those two people quarrelling”.
When she arrived back at the house Katjivi allegedly grabbed the deceased on the left arm and started stabbing her while holding her and when Haurumbu tried to intervene he tried to stab him, but Haurumbu dodged the blows.
The case continues today with Haurumbu expected to testify.