Man guilty of killing ex’s new boyfriend

A 30-YEAR-old Prieska man has been found guilty of murdering his ex-girlfriend’s new boyfriend.

Mlimi Elrico Phike was yesterday found guilty of murdering Andre Coby van Staden, by stabbing him seven times at a tavern in Prieska on June 25 last year.

Acting Northern Cape HIgh Court Judge, Livhuwani Vuma, found Phika guilty of murder with direct intent (dolus directus).

On the night of the incident, Van Staden and Phike’s ex-girlfriend, with who he has a child, Patricia Booysen, were at Queen’s Tavern in Prieska with friends.

Phike also arrived at the tavern and proceeded to pour his drink over their braai fire and started swearing at Booysen.

Phike was then locked out of the braai area.

At around midnight, Van Staden and Booysen decided to leave the tavern and Phike proceeded to pour another alcoholic drink on Booysen’s windscreen as Van Staden was reversing the vehicle.

Van Staden then got out of the vehicle and asked Phike what he was doing, whereafter Phike proceeded to grab him and stab him seven times with a knife.

Van Staden was rushed to the hospital but died before being admitted.

This version was corroborated by several witnesses, including Booysen.

While the State submitted that it had proved beyond reasonable doubt that Phike was a disgruntled ex who was the aggressor during the incident and committed the offence with the direct intent to murder Van Staden, the defence argued that the State failed to prove that Phike was the aggressor and that, on the contrary, Van Staden was the aggressor and that Phike had acted in self-defence.

During Phike’s time on the witness stand, he denied that he had poured a drink over the braai fire or on Booysen’s vehicle and testified that Van Stated poured a “strong alcoholic drink” in his face, after he passed Booysen’s vehicle as they were reversing.

“I saw the deceased coming from the vehicle and he poured a drink in my face. My eyes burned. While wiping my face, Van Staden started hitting me with his fists on my hands. He then grabbed me and pushed me, and again started hitting me with his fists. I tried to get away, but could not.

“He then reached for his pocket, like he was reaching for a firearm. I took this as a serious threat, as I knew he had previously shot two people dead with his firearm and I believed he would shoot me as well. I then took out my knife and stabbed him,” Phike testified.

Phike further testified that even when it became clear that Van Staden did not have a gun, he continued with the stabbing as he “did not know what his (Van Staden’s) plans were”.

He further claimed that Van Staden was the aggressor and that he acted in self-defence and sustained a blue eye when Van Staden hit him in the face. However, the case’s investigating officer testified that she never observed this injury on Phike.

Vuma said that while there were contradictions in the evidence of State witnesses, these contradictions were immaterial and testimonies lead to the same conclusions.

Vuma found that Phike was the aggressor during the incident and that there was no need to act in self-defence, as there was no threat or danger when Van Staden got out of the vehicle to ask why he (Phike) had spilled the drink on the vehicle.

She added that the nature of the injuries and the sheer number of stab wounds inflicted on Van Staden showed that Phike intended to kill him.

She found Phike’s testimony “not possibly true” and rejected his version, while adding that the evidence with regard to the circumstances of the incident proved murder was committed.

Phike was then found guilty of murder and his bail was extended, on conditions, until later this month, when sentencing proceedings are expected to commence.