Dead hubby: Wife out on warning
2003-12-08 21:44
Johannesburg - The High Court has released Annemarie Engelbrecht of Krugersdorp on warning after she changed her plea to not guilty on Monday.
Engelbrecht, 29, had claimed she murdered her husband on August 13 this year to end her life of abuse as a battered wife.
She changed her plea to not guilty on Monday, and her conviction was set aside. Instead of being sentenced, she was released on warning as she had no money to pay the bail.
Her lawyer told judge Cathy Satchwell that Engelbrecht, who had been in custody for 18 months, now realised she had not been criminally liable for her actions at the time of the murder on June 29 2002.
Engelbrecht appeared before Satchwell on Monday for pre-sentencing.
She was refused bail on August 14 this year, but successfully applied for it on Monday.
Her lawyer argued that she would not avoid standing trial since that would result in her losing any chance of regaining custody of her child - now aged about six years.
Engelbrecht has reasonable access to the child who is in the custody of her late husband's brother and wife.
Read out psychiatric report
She had no money to run away, no passport, she was unable to drive, had a glass eye and was being given accommodation by her friends.
Engelbrecht's lawyer also submitted there would be evidence at the trial that her husband beat up, not only her, but her friends, too, and threatened to kill their child.
Inspector Nicoleen McKie told the court Engelbrecht was sent for 30 days mental observation after her arrest.
Reading from the Sterkfontein report, McKie placed on record that a panel of three psychiatrists found Engelbrecht fit to stand trial.
They also found that, at the time of the death, Engelbrecht was able to appreciate differences between right and wrong and act in accordance with that knowledge.
McKie also testified she found nothing to confirm Engelbrecht "was in a longstanding abusive relationship with the deceased".
The case was postponed to April 26 next year.
- SAPA