Staff Reporter
HIGH Court judge Dinah Usiku has found Henry Murphey, a man accused of murdering his ex-girlfriend, Christiana Chris Beukes (36), guilty of murder as well as defeating or obstructing the course of justice.
Beukes’ body had been discovered in her bedroom on 4 March 2023 in Rehoboth.
The State alleged that Murphey murdered Beukes between 2–4 February 2023 in Rehoboth, after he allegedly broke in and entered the bedroom of Beukes by opening a burglar bar door and entering into the toilet and bedroom of the deceased. Whilst he and the deceased were separated, they still lived in the same yard.
To cover his crimes, it is alleged that Murphey used a blanket and/or piece of cloth to remove or destroy or conceal or wipe away a path made by his feet or shoe prints impressed upon sand, indicating that he walked to and from his bedroom and the bedroom and/or toilet window of the deceased.
Murphey, upon his arrest, had made a confession. After the State led its evidence, Murphey, however, changed his mind and backtracked on his confession, and raised an alibi defence, stating that he had been with a certain Uncle Hannes at the time of the murder and could not be guilty. This alibi was, however, rejected as it was only presented at the close of the State’s presentation of evidence.
The motive for the killing was because Murphey asked the deceased for sex earlier in the night, but that she had allegedly responded by telling him to go f**k his mother or words to that effect. Judge Usiku said that those utterances made the accused upset and resulted in him strangling the deceased to death.
State witness Dr Mamadi Guriras said that post-mortem results showed a contusion on the left side of the neck, laceration on the left inner thigh and right hyoid bone fracture. Dr Guriras found that the cause of death was asphyxiation due to manual strangulation.
The body of Beukes had been discovered by a couple who also lived in the same yard as her, a certain Ms Jansen and Mr Hendricks.
According to Jansen’s statements, on 4 March 2023, the couple woke up as usual. The deceased would usually wake up early and make them tea. When the deceased did not pitch up, Jansen’s boyfriend, Hendricks, went to the deceased’s room but found it closed. Hendricks thereafter started to call out the deceased’s name. The room door was locked from the inside, but there was no response. Hendricks thereafter asked the accused to go around and open a bathroom window, which had an opening.
After they managed to gain entry, the body of the late Beukes had been discovered lying face down on her bed.
Defence lawyer Florian Beukes argued that the State’s case is mostly based on circumstantial evidence, as there were no eyewitnesses to the murder who could positively identify Murphey as having been the one who took the young woman’s life. Furthermore, he submitted that the State failed to call a certain Ernst Swartbooi, who could have corroborated Murphey’s version that he was picked up by a certain Uncle Hannes and could not have been at the scene when the murder occurred.
In her evidential analysis, Judge Usiku found that whilst the State’s case mostly indeed rested on circumstantial evidence, this evidence is not necessarily weaker than direct evidence, as in some instances it may even be of more value than direct evidence when examined in totality.
“The accused’s defence appears to be alibi. However, when regard is had to the totality of the evidence, one wonders why such a defence was only raised during the defence case,” Usiku questioned.
She said that this was detrimental to the case of the defence, as the version of the alibi was not put to State witnesses, which could test the veracity of such claims.
Furthermore, Judge Usiku found that failure to challenge evidence in cross-examination could have dire consequences, as this could be construed as an attempt by the defence to create a forensic ambush for the prosecution.
“In casu, there are many factors that tend to prove that accused committed the offences charged. He made a confession which forms part of the evidence presented before court as well as pointing out. In this confession, accused set out in detail how events of the night of 3 March 2023 unfolded. To a large extent, his version of events ties in with the evidence of State witness Joseph Hamutenya, the Investigating Officer, as well as Detective Inspector Lewies Coetzee, who was in charge of the pointing out,” Judge Usiku said.
Picture for illustrative purposes only. Photos: Contributed/Pexels
