Family shocked as man is acquitted of murder
A strong message had to be sent out to young people to respect their elders and the elderly.
Yesterday (28 September), 31-year-old Barend Barnard was acquitted of murder, to the shock and dismay of the family of 59-year-old Joe de Beer.
On 16 June 2016, Barnard assaulted De Beer at a residence in Reefhaven, where De Beer lived with his daughter and Barnard, after someone allegedly put sugar in Barnard’s vehicle’s fuel tank. The two men already had a strained relationship, which led Barnard to assume that De Beer was responsible. He beat up the older man, who was disabled and wheelchair-bound. De Beer was taken to hospital but discharged the same day. He opened a case of assault with the intent to do grievous bodily harm (GBH) against Barnard. Three days later, he passed away from bleeding on the brain.
Also read: Elderly couple robbed, assaulted
The State then changed the charge against Barnard to one of murder, arguing that it was the injuries inflicted by Barnard during the assault that led to the deceased’s death. De Beer’s daughter, who is Barnard’s partner, supported him throughout the trial and was the only eyewitness to testify. She claimed the assault was not serious and that her father regularly hit his head against the wall. The pathologist who did the autopsy said acute bleeding on the brain can result in death within 48 hours, whereas chronic bleeding on the brain can last as long as 21 days before it results in death. Thus it was impossible to determine whether the injuries from the assault or a prior injury had led to De Beer’s death. Therefore, Magistrate Delize Smith acquitted Barnard of murder, but found him guilty of Assault GBH.
Before sentencing him, she said the court found Barnard’s actions appalling in that he assaulted an older person, who was also disabled and sickly, but trusted Barnard. She said a strong message had to be sent out to young people to respect their elders and the elderly. But she said she took into consideration that Barnard had no previous assault convictions and was the breadwinner for four children.
Also Read: Video interview: Assault charge ‘possibly’ changed to murder
She sentenced him to a 12-month suspended jail sentence and a R6 000 fine which he can pay off, but she warned him that another assault charge would most probably lead to imprisonment. She added that she realised the family was not happy with the outcome of the trial, but said that “unfortunately, the court is under no obligation to please the public or families”.
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