Werner Menges
25 November 2008
The Prosecutor General has decided to continue with the prosecution of a young Windhoek resident who is accused of shooting dead his father at their home last year, after years of alleged extreme domestic violence and abuse.
Making his tenth appearance in the Windhoek Magistrate's Court since his arrest, 21-year-old murder suspect Ryno van Zyl was informed yesterday that the Prosecutor General has decided to arraign him in the High Court on a charge of murder.
Van Zyl has to attend a first pre-trial hearing in the High Court on January 22.
The Prosecutor General's decision dashed any hopes Van Zyl might have had for a decision not to continue with the prosecution that has been pending against him since late June last year.
On June 27 last year, Van Zyl's father, Louis Hendrik van Zyl (45), died in the Van Zyl family's home in Omatako Street in Windhoek as a result of a gunshot wound to his head.
Van Zyl Jnr was arrested on the same day in connection with his father's death.
He pleaded not guilty to a charge of murder in the Windhoek Magistrate's Court on January 24 this year.
In a detailed plea explanation that was submitted to the court, Van Zyl admitted that his father died of a gunshot injury to his head, and that the fatal shot had been fired from a 9 mm pistol that was licensed in the name of Van Zyl Jnr.
Van Zyl stated that he came from "a family with a history of extreme violence", with his father having on numerous occasions threatened, abused and assaulted Van Zyl and his mother.
He stated that on one occasion when he was 14 or 15 years old a gun battle that broke out between his parents left his father with a gunshot wound to his leg.
That was after his mother had intervened and fired shots at his father because his father had fired a shot at him with a hunting rifle, narrowly missing him.
Van Zyl claimed that he and his mother were often assaulted by his father to such a degree that they needed to receive medical treatment.
His father had been diagnosed at a psychiatric hospital in South Africa around 1984 as being a psychopath, Van Zyl stated.
He added that it seemed as if his father had little control over himself when he got agitated.
Van Zyl claimed that on the day of the incident his father physically attacked his mother, pinning her down on the floor and throttling her.
She was screaming for help, and he then decided to fire a warning shot to make his father realise that he was armed, Van Zyl stated.
He claimed that the next thing he could recall was seeing smoke and smelling gunpowder released from the gun he had in his hand.
"I heard no shots that were fired," Van Zyl claimed.
"It seemed as if I was standing outside my body, watching myself having a firearm in my hand from which smoke and gunpowder erupted.
"I have no idea how many shots I fired; if I in fact fired shots."
Van Zyl denied that he had an intention to kill or injure his father.
"My only concern at that point in time was the safety of my mother," he stated.
Van Zyl has been free on bail of N$3 000 since the day after the shooting.
He is being represented by defence lawyer Jan Wessels.
Public Prosecutor Carol-Ann Esterhuizen informed Magistrate Elsie Schickerling of the Prosecutor General's decision during yesterday's court appearance by Van Zyl.
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