STATE SECURES LIFE IMPRISONMENT AFTER REJECTING A WATERED-DOWN VERSION OF A GBV+ F CASE

STATE SECURES LIFE IMPRISONMENT AFTER REJECTING A WATERED-DOWN VERSION OF A GBV+ F CASE

The High Court of South Africa: Western Cape Division has sentenced Phillip April, to life imprisonment and five years direct imprisonment for the premeditated murder of his ex-girlfriend, Allison Plaatjie, and theft of her vehicle.

The successful prosecution and life imprisonment are a result of the State’s rejection of the accused guilty plea to murder and charging him with premeditated murder and theft of the deceased’s vehicle. Initially, April pleaded guilty to the murder of his ex-girlfriend, but State Advocate Rene Uys rejected his guilty plea as she strongly felt that he left out vital evidence in his gruesomeness of gender-based violent crime and denied that he stole her vehicle.

In his guilty plea, he told the court that they were romantically involved and that on the evening of 26 October 2019, the deceased arrived at his friend’s place where they were watching rugby and drinking. He claimed that the deceased persuaded him to go with her to her flat, as she had brought him something to eat. He further claimed that she was not happy with him consuming alcohol and she told him that she was going out with her friends. He asked her why she took him away from his friend when she knew that she would be going out with her friends. He claimed that the argument got more serious, and he grabbed her by her throat and choked her. He then went to the kitchen, picked up a knife and stabbed her. The knife broke and he went back to the kitchen to fetch another knife and slit her throat.
He then took off the bloodied trackpants he was wearing, threw them in the shower and then left her flat. He went to sleep at his mother’s place. He went on a drinking spree with friends the following two days while driving the deceased’s vehicle. They drove to Graaf water, Citrusdal until he was arrested on 27 October 2019, on their way to Clanwilliam after he was informed that police were looking for him. He confessed to the murder on 28 April 2019.

Adv Uys rejected the watered-down version and her gut feeling and years of experience paid off as she proved to the court that April’s intentions were clear and intentional two days before the murder. The former couple exchanged WhatsApp messages on 24 and 25 April 2019, where the deceased emphasised that they were no longer together and that he must stop acting like they were still together. To strengthen her case, Adv Uys called five witnesses who confirmed that the couple separated two weeks before the murder, but the jilted boyfriend refused to accept that. They testified testimony that was accepted by the court, that he was abusive, possessive, and controlling and had told the deceased that if he can’t have her, nobody will.

The court heard that although they were separated, he asked to see her on 25 April 2019 but, she refused. He showed up at her work, Cederberg Primary School, the next morning bringing her lunch and requesting her keys to her flat under the pretence that he wanted to do her washing.

The State proved that they had an argument outside his friend’s place that evening of 26 April 2019 and that they drove together to her flat. He beat her up while sitting on top of her, went to the kitchen to fetch a knife, stabbed her, it broke, fetched another one and slit her throat. He also bit parts of her face while she was still alive.

The pathologist, Dr Linda Liebenberg, who conducted the postmortem testified that the bite marks the deceased sustained had to be the most painful of the deceased’s injuries due to the sensitive nature of the facial tissue in the areas of the face where the accused had bitten her. Dr Liebenberg also testified that the deceased had wounds on their face, her back, the back of her neck and wounds on her hands indicating that she fought back.

Adv Uys argued: “The accused never mentioned these injuries in his plea. He made sure he would be alone with the deceased on 26 October 2019. She went there to fetch her flat key. Sadly, this is where he obtained the opportunity to be alone with the deceased. The state submits the accused planned and exhausted every avenue to be alone with the deceased, for him to fulfil his threat of killing her. Furthermore, the state submits the fact that the accused had promised to kill the deceased on numerous occasions prior also points to a level of commitment on the part of the accused to fulfil his goal of killing her should their relationship end.”

Judge Ralarala agreed with Adv Uys and convicted and sentenced the accused on the charges of premeditated murder and theft of the vehicle.

Adv Nicolette Bell, the Western Cape Director of Public Prosecutions, had praises for Adv Uys and the investigation for their relentlessness in getting to the real truth of what happened to Allison Plaatjie and ensuring justice for her, her mother and the community of Clanwilliam.