‘No excuse for what he did’

2018-10-18 06:00

According to the statement, when Joni realised the seriousness of the wounds he had inflicted on his victim he pushed her wheelchair.

The post-mortem report submitted to the court confirmed Klaas had sustained two wounds, one to the neck and another to the chest.

Joni admitted he had no right to stab the victim, saying he was “truly sorry” for what had transpired on that fateful night.

Hancock said all the witnesses agreed the incident was not a hate crime and pleaded with the court to deviate from the minimum 15-year jail sentence for murder, as the accused was a first-time offender. “The accused has a noticeable scar to his neck as a result of the stabbing,” the defence counsel said. “He lost his temper. He has not wasted the court’s time and has pleaded guilty.

“His family also contributed R8 000 towards the [victim’s] burial. A 15-year jail sentence would be very harsh, and can break a first-time offender. We appeal that he not receive a sentence of more than eight years in jail. He stands a good chance of being rehabilitated.”

Alcohol had played a part in the crime, Damon pointed out. “Somebody lost their life,” the prosecutor told the court. “He [Joni] could have gone and opened a case [after he was stabbed]. There is no excuse for what he did.

“Fortunately he has pleaded guilty, but a 23-year-old was killed when she had not expected it, on New Year’s Day.” He added that the state would not oppose a deviation from the minimum 15-year sentence.

Said Mouton: “This is a serious matter and cases differ. A person lost her most valuable right in the Constitution – that of her life. Your good intentions to intervene were wiped out by your actions.” She told Joni there were other ways to resolve the matter.

“Every person is the architect of their future. You had no reason to go back there and stab her. The court has a duty to protect the community from these acts of violence.”

Mouton agreed there were compelling reasons to deviate from the prescribed sentence of 15 years, and Joni had indeed shown remorse for his actions. The magistrate also told Joni she hoped he would learn from his actions.

Phakamile Xakeka, father of the victim, said the ordeal has destroyed his family. “She was the breadwinner of the house and left a seven-year-old son behind,” he told City Vision with some emotion.

“Sometimes he asks when his mother is coming back from heaven... it hurts a great deal. Noxolo’s mother has been sick ever since this [incident] occurred. It will take forever for this wound to heal.”


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