Justicia Shipena
The Windhoek High Court has sentenced Keetmanshoop resident Kevin Mathew Cloete (34) to 15 years in prison for the murder of his mother’s domestic partner, Deon Bobeje.
High Court judge Philanda Christiaan delivered the judgement on Thursday, finding Cloete guilty of murder with direct intent.
Six years of the sentence were suspended for five years on condition that Cloete is not convicted of murder or attempted murder during that period.
Cloete stabbed Bobeje once in the chest with a knife during a social gathering in Keetmanshoop on 27 February 2021.
Cloete had admitted the stabbing during the trial but claimed he acted in self-defence after allegedly being threatened by Bobeje, whom he said was armed with a knife.
However, the court determined that he went beyond the boundaries of private defence and employed excessive force.
In evidence heard before sentencing, state advocate Ian Malumani argued that Cloete was the aggressor.
He cited a witness who saw Cloete assaulting Bobeje, punching and kicking him, before the stabbing occurred.
A witness also testified that Bobeje did not retaliate, nor did he threaten Cloete’s life.
According to Malumani, Cloete was heard saying, “I will kill you; I will stab you to death,” before retrieving the knife he used to stab Bobeje.
The state argued this pointed to direct intent to kill.
Defence lawyer Hendri Van Zyl maintained that Cloete had acted in self-defence, claiming Bobeje was armed and had threatened him during an argument sparked by a comment Cloete made about how quickly alcohol was being consumed at the gathering.
Van Zyl said there were “serious contradictions” in the state’s case and that Cloete’s version of events was not only reasonably possible but probable.
During sentencing, the court took into account Cloete’s clean criminal record, his socio-economic background, and the spontaneous nature of the altercation. He is a self-employed artisan supporting three children, including a nine-month-old baby with his current partner.
Christiaan noted that although the incident was not premeditated, it took place in a domestic context and involved excessive force.
“It is important to impose a sentence that will deter the constant wave of crimes committed within the domestic context,” said Christiaan.
The deceased’s daughter testified during sentencing proceedings that her father was a community member who worked as a bricklayer and tiler and that his death had left a deep void in the lives of his children and grandchildren. She said Cloete had not apologised to the family.
Cloete was out on bail prior to sentencing but is expected to begin serving his sentence immediately.
