Boyfriend killer awaits sentence

A 30-year-old woman has been found guilty of murder with direct intent for the fatal shooting of her 23-year-old boyfriend with a rifle in 2012.

Johanna Garures was just 21 when she shot Hermanus Swartbooi in the head, claiming self-defence. Oshakati High Court Judge Herman January, however, did not agree with her that her life was in imminent danger when she fired the shot that killed the father of her son.

According to the charge sheet, the accused and victim lived together as boyfriend and girlfriend at Farm Blyerust in the Otavi area and had a child together. During 4 March 2012, an altercation ensued between them, which culminated in a physical fight with them throwing each other with stones.

The victim reportedly hit her on the head with a stick, causing an open wound during the standoff. It was further stated Garures then ran into the house of another farmworker, where she found the rifle, but this farmworker stopped her, took the rifle from her and removed all the bullets.

However, it is further said, one of the bullets fell to the ground and the accused stepped on it to conceal it from him. When this farmworker, called Ismael Somseb, left the dwelling, the accused got hold of the rifle again, inserted the bullet and shot the victim at close range in the head.

According to Judge January, the accused’s oral evidence differs from her plea explanation materially.

“Many of the facts that she testified about in court were not included in the plea explanation and were not put in cross-examination to the State witnesses,” the judge said.

“These omissions make me to conclude that she tailored her evidence to suit her case and were afterthoughts. He went on to say that the facts he considers material are not in dispute.”

The judge further said that although the accused pleaded selfdefence, evidence showed that the attack on her was already called off and the victim was busy leaving.

“In this case, it is evident that although the accused was attacked and sustained, an injury before the shooting, she acted more in revenge. At the time she fired the shot, there was no imminent attack,” the judge stated.

He went on to say that the State witnesses testified the victim had no weapon and was turning to go to his house.

According to the judge, the victim was no longer angry and had stopped the attack on the accused. January further said that after the shot, the accused said in a laughing tone ‘that is my blood lying there’.

“This convinces me that her actions were in retaliation to the injury she sustained and not in self-defence,” he stated. He went on to say that he is not convinced Garures told the truth and he rejects her evidence on the material aspects of the case as an afterthought. “She was not justified to fire the shot that killed the deceased,” the judge remarked and continued.

“On her own evidence, she aimed and fired the shot.” The judge went on to say that it is evident she must have aimed at the head, which is vital part of the body, shattering that part of the body of the victim in the process. He concluded that she directly intended to kill the victim.

Garures will be sentenced today after the counsels submitted argument son sentencing yesterday.

Garures was represented by Pombili Shipila of legal aid and the prosecution by Taudi Gaweseb.