Dippenaar guilty, locked up pending sentence
A young woman who was one of only two survivors of a horrific car crash that killed both her parents, her older sister and three others almost a decade ago said she was relieved that the court case was finally drawing to a close.
Antonia Joschko, a German national who was on holiday in Namibia with her family when tragedy struck in December 2014, burst into tears when Jandre Dippenaar was found guilty in the Swakopmund Magistrate’s Court yesterday.
"The court is satisfied that the State proved its case beyond reasonable doubt,” Magistrate Gaynor Poulton said when she delivered the judgment.
Dippenaar was found guilty on six counts of murder, reckless and negligent driving as well as driving without a valid driver's licence.
He was remanded to custody and will appear again on 25 June, when the State and defence will call witnesses to testify in the mitigation or aggravation of his sentencing.
Dippenaar’s lawyer Petrie Theron requested that he be granted bail, but this was denied by Poulton based on the seriousness of the matter.
Total disregard
During the lengthy judgment, the magistrate said: "If it was not for the actions of the accused, this collision might not have happened".
This comes nearly 10 years after the fatal accident on 29 December 2014 near Henties Bay that claimed the lives of Dippenaar’s three passengers – Dinah Pretorius, Charlene Schoombee and JC Horn – and Markus, Stephanie and Alexandra Joschko.
Only 16 at the time, Antonia was the only survivor, aside from Dippenaar, who was the driver of a Toyota FJ Cruiser which overtook three cars on a blind rise, ultimately leading to the collision.
On the first count, Poulton said the State proved beyond a reasonable doubt that Dippenaar was driving recklessly that day. "It is clear that the driver drove in total disregard for the safety of his passengers and that of other road users."
Earlier that day, Dippenaar overtook more than one vehicle on the road between Walvis Bay and Swakopmund. He was stopped and warned by a traffic officer after a road user complained about his driving.
On the third count, which is driving without a valid driver's licence, Poulton said the evidence is clear. "The accused's driver’s licence had expired on 5 January 2014 and was only issued on 29 January 2015. On the fateful day, he did not have a valid licence,” she said.
Dolus eventualis
On the murder charges, relating to the deaths of all six passengers, Poulton relied on the law principle of proving dolus eventualis.
This applies when an accused person can objectively foresee that their conduct is likely to cause the death of another, but proceeds to act regardless of the consequences of their conduct.
Three witnesses recounted seeing Dippenaar’s vehicle overtaking three cars before going over a blind rise at high speed. This resulted in the collision with the Ford Ranger driven by Markus. Also citing the Oscar Pistorius case where the same principle applied, Poulton said Dippenaar took a deliberate risk to overtake on a blind rise with no guarantee that there would not be a car on the other side.
“The accused went beyond conscious negligence like he was on a racetrack. The evidence present is that he went over a hill at a high speed and tried to move back into his own lane, which was in vain.”
In his testimony, Dippenaar said he does not recall anything about the accident, or overtaking vehicles prior to the crash.
Antonia Joschko, a German national who was on holiday in Namibia with her family when tragedy struck in December 2014, burst into tears when Jandre Dippenaar was found guilty in the Swakopmund Magistrate’s Court yesterday.
"The court is satisfied that the State proved its case beyond reasonable doubt,” Magistrate Gaynor Poulton said when she delivered the judgment.
Dippenaar was found guilty on six counts of murder, reckless and negligent driving as well as driving without a valid driver's licence.
He was remanded to custody and will appear again on 25 June, when the State and defence will call witnesses to testify in the mitigation or aggravation of his sentencing.
Dippenaar’s lawyer Petrie Theron requested that he be granted bail, but this was denied by Poulton based on the seriousness of the matter.
Total disregard
During the lengthy judgment, the magistrate said: "If it was not for the actions of the accused, this collision might not have happened".
This comes nearly 10 years after the fatal accident on 29 December 2014 near Henties Bay that claimed the lives of Dippenaar’s three passengers – Dinah Pretorius, Charlene Schoombee and JC Horn – and Markus, Stephanie and Alexandra Joschko.
Only 16 at the time, Antonia was the only survivor, aside from Dippenaar, who was the driver of a Toyota FJ Cruiser which overtook three cars on a blind rise, ultimately leading to the collision.
On the first count, Poulton said the State proved beyond a reasonable doubt that Dippenaar was driving recklessly that day. "It is clear that the driver drove in total disregard for the safety of his passengers and that of other road users."
Earlier that day, Dippenaar overtook more than one vehicle on the road between Walvis Bay and Swakopmund. He was stopped and warned by a traffic officer after a road user complained about his driving.
On the third count, which is driving without a valid driver's licence, Poulton said the evidence is clear. "The accused's driver’s licence had expired on 5 January 2014 and was only issued on 29 January 2015. On the fateful day, he did not have a valid licence,” she said.
Dolus eventualis
On the murder charges, relating to the deaths of all six passengers, Poulton relied on the law principle of proving dolus eventualis.
This applies when an accused person can objectively foresee that their conduct is likely to cause the death of another, but proceeds to act regardless of the consequences of their conduct.
Three witnesses recounted seeing Dippenaar’s vehicle overtaking three cars before going over a blind rise at high speed. This resulted in the collision with the Ford Ranger driven by Markus. Also citing the Oscar Pistorius case where the same principle applied, Poulton said Dippenaar took a deliberate risk to overtake on a blind rise with no guarantee that there would not be a car on the other side.
“The accused went beyond conscious negligence like he was on a racetrack. The evidence present is that he went over a hill at a high speed and tried to move back into his own lane, which was in vain.”
In his testimony, Dippenaar said he does not recall anything about the accident, or overtaking vehicles prior to the crash.
Comments
Namibian Sun
No comments have been left on this article