18-YEAR SENTENCE FOR MAN WHO ATTEMPTED TO KILL FORMER GIRLFRIEND WITH A SPADE

Kakamas, Northern Cape – The National Prosecuting Authority (NPA) welcomes the successful prosecution and sentencing of 37-year-old Terrance Markus, who was sentenced to 18 years' imprisonment, of which three years are suspended, for the attempted murder of his former girlfriend.

The sentence was imposed by the Kakamas Regional Court after Markus was convicted of attempted murder based on dolus eventualis. He was acquitted on a charge of rape after the court found insufficient corroborative evidence to sustain a conviction on that count.

The court heard that on 13 July 2024, the 25-year-old complainant, who was residing with Markus at the time, was asleep when she was awakened by the sound of dishes being broken inside their home. When she questioned him about his behaviour, Markus became enraged and struck her on the head with a spade.

Following the assault, Markus went to the complainant's mother and told her, "Ek het jou kind dood gemaak" ("I have killed your child"). On his return home, he encountered the complainant as she was making her way to her aunt's house to seek assistance and ordered her to return home.

Two days later, the complainant's mother arrived at the residence accompanied by police officers. Although the complainant informed the police that Markus had assaulted her, she initially chose not to open a criminal case. She later sought medical treatment and discovered that Markus was also at the hospital. They subsequently returned home together.

The court further heard that on the evening of 16 July 2024, Markus demanded that the complainant engage in sexual intercourse with him. When she refused, explaining that she was still suffering from the head injury, he proceeded to have sexual intercourse with her without her consent.

On 18 July 2024, Markus was arrested in connection with a separate assault matter. Later that day, members of the complainant's family and police officers found her at home in a critical medical condition. She was rushed to hospital in Kakamas, where medical examinations revealed that she had sustained a depressed skull fracture because of the assault.

The complainant was subsequently transferred to Kimberley and remained hospitalised for approximately three weeks. Medical evidence presented during the trial revealed that the injury had become infected and that, had she not received urgent medical intervention when she did, the consequences could have been fatal.

Markus denied assaulting the complainant and claimed that she had fallen and sustained the injury. However, this version was rejected by the court considering the medical evidence and expert testimony presented by the State.

During the trial, the complainant initially elected to testify in open court in the presence of the accused. However, she became emotionally distressed while giving evidence, prompting the State to apply for her testimony to continue in terms of Section 158 of the Criminal Procedure Act.

Court Preparation Officer Kealeboga Lecage provided continuous support to the complainant throughout the proceedings, assisting her when she became overwhelmed and helping her regain composure to complete her testimony.

In aggravation of sentence, Prosecutor Mannini Setai argued that Markus had shown a complete disregard for the complainant's bodily integrity, particularly given the dangerous weapon used and the severity of the injuries inflicted. The State further submitted that Markus had previous convictions for violent offences and that his period in custody awaiting trial should not be afforded significant mitigating weight.

The prosecution also placed evidence before the court that the complainant had previously obtained a protection order against Markus in 2019. Her mother further testified about the history of abuse she had witnessed throughout the relationship.

In a Victim Impact Statement compiled by the Court Preparation Officer, the complainant described the lasting consequences of the attack. She continues to bear a 10-centimetre scar because of the injury and subsequent surgery and still requires further medical treatment, including the possible insertion of a plate. She also expressed her profound sense of betrayal that someone with whom she had shared an eight-year relationship could subject her to such extreme violence.

A Victim Impact Report compiled by the Department of Social Development further indicated that the complainant continues to experience symptoms associated with post-traumatic stress disorder, mood swings, and sleep deprivation. The report highlighted the significant impact of the incident on her self-esteem, trust in men and future relationships.

The State emphasised that gender-based violence remains a serious societal concern and argued that the sentence imposed should reflect the gravity of the offence, hold the accused accountable and serve as a deterrent to similar acts of violence.

In mitigation, the defence submitted that the court should deviate from the prescribed minimum sentence of life imprisonment, citing Markus's age, employment status at the time of the offence, financial responsibilities towards his 15-year-old child and the period he spent in custody awaiting trial. While the State conceded that substantial and compelling circumstances justified a departure from the prescribed minimum sentence, it maintained that any sentence imposed should adequately reflect the seriousness of the offence and the surrounding circumstances.

The Kakamas Regional Court ultimately sentenced Markus to 18 years' imprisonment, of which three years are suspended for five years on condition that he is not convicted of attempted murder committed during the period of suspension. He had previously been declared unfit to possess a firearm.

The NPA commends Prosecutor Mannini Setai and Court Preparation Officer Kealeboga Lecage for their dedication and professionalism in ensuring that the matter was effectively prosecuted and that the complainant received the necessary support throughout the criminal justice process.

The NPA remains unwavering in its commitment to combating gender-based violence and ensuring that perpetrators are held accountable.

This sentence demonstrates that acts of severe violence against women will be met with serious consequences and underscores the criminal justice system's commitment to protecting victims and survivors.

Issued by:

Mojalefa Senokoatsane

NPA Regional Spokesperson

Northern Cape Division