Wife accuses estranged husband of attempted murder

“I actually thought I was going to die.” These are the thoughts that crossed a Johannesburg woman’s mind before she fell unconscious in a pool of her blood.

Yesterday the 40-year-old faced her alleged attacker – her husband and former high-school sweetheart – in the Germiston Magistrate’s Court, where he is facing an attempted murder charge. He has not yet pleaded.

The woman claims that her husband, from whom she separated in 2011, forced his way into her Edenvale home in the early hours of January 19 and beat her unconscious with his bare hands, an electric can opener and a stainless steel kettle.

The couple’s three children were not at home and she believes her neighbours saved her life when they intervened.

A medico-legal report shows that the woman had fractured several facial bones, had several gashes on her skull and bruises on her back.

The couple were married for 17 years.

She obtained a protection order against her husband in 2012 because he was “constantly harassing and threatening” her, she said.

But, her husband was not the only one she has come up against, after she challenged the National Prosecuting Authority (NPA), which initially wanted to charge her husband with assault with intent to do grievous bodily harm and not attempted murder.

'Not a family matter'

Amanda Hodgeson from nongovernmental organisation Lawyers against Abuse (LvA), which is assisting the woman, told The Times that the original prosecutor in the case had initially wanted to pursue an assault charge, but LvA refused to accept the lesser charge and petitioned a senior prosecutor, who agreed that the charge should be attempted murder.

Pretoria criminal law attorney Llewellyn Curlewis said that attempted murder was a more serious crime than assault with intent to do grievous bodily harm and should generally secure a more serious sentence.

Professor Bonita Meyersfield, founder of LvA, said that it was often a "hit and miss" when it comes to criminal charges for domestic violence, which includes abuse involving spouses who do not live together. 

"It is inconsistent. It is no surprise when the courts are reluctant to bring [attempted murder] charges. They generally wait until people are in hospital or dead," she said.

Hodgeson told The Times that, in her experience, courts did not take domestic violence “seriously enough”.

“They tend to think that domestic violence is something that should be dealt with within the family,” Hodgeson said.

Yesterday NPA regional spokesperson for South Gauteng, Phindi Louw, would not comment on the case, but said: "Diligence is applied when deciding on cases and, where the prosecutors are not certain about which decision to take, they are expected to consult the office of the Director of Public Prosecutions in South Gauteng".

The husband's attorney told The Times that he was unable to comment on the matter at this stage. His client was granted bail of R1 500. The matter returns to court next month.