Cape Town - Family and friends of slain Clanwilliam teacher Allison Plaatjies and the family of her killer, Phillip April, on Thursday sat on opposite sides of the Western Cape High Court gallery as arguments were heard for and against whether he should be convicted for premeditated murder.
At the outset of the trial, April admitted to killing Plaatjies by pleading “guilty” to murder, but disputed the charge of theft.
In rejecting his plea, the State set out to prove that April ought to be convicted of “premeditated murder” for following through on threats and abuse he allegedly inflicted on the 26-year-old while she was still alive.
State Advocate Renee Uys, arguing for a conviction for premeditated murder, asked the court to consider the logic of Plaatjies’ conduct, which showed she was afraid of April and the pair were not in a relationship.
Uys said: “The option to walk away definitely existed, but the accused took a knife (and) stabbed the deceased. She was still alive – a fact confirmed by a medical expert – when he went back to the kitchen to fetch another knife to finish the job.
“The accused’s conduct on the day in question, it is the State’s submission, was the (culmination) of a long period of real threats that materialised. He told her on more than one occasion: ‘I am going to kill you if you leave me.’
“Mr April followed through, and why would he do that if you are supposedly in love with somebody and supposedly in a normal relationship?
“This accused was waiting for an opportunity to be alone with her to kill her,” Uys argued.
April’s lawyer, Advocate Office Mtini, argued against the inference of premeditation using the same logic.
He said the evidence of a forensic expert, Dr Linda Liebenberg, who gave evidence about how Plaatjies was killed, was problematic.
He said it was very difficult to get the expert to admit that the version of the accused might be true.
“If an expert comes here and tells the court she is not there for the accused, but to tell the story of the deceased, and refuses to admit things that should be easily admitted, then there is a problem,” Mtini argued.
He said the facts before the court and the gruesome evidence of Liebenberg were “not enough” to secure a conviction for premeditation. He further argued that April’s choice to remain silent and not testify could not be held against him, and that his admissions could not have given every detail of what happened.
“The State did not prove the accused planned the murder of the deceased, and therefore (he) cannot be found guilty of planned or premeditated murder,” Mtini argued.
Outside the court, Plaatjies’ family and friends gathered with posters which read “Justice For Allison” as they celebrated her birthday in her absence.
Trishna Thompson said: “We are very devoted to her birthday because she loved birthdays, and that’s why we decided to be here today.
“On the one side, you’re heartbroken, but on the other you’re also glad that it is finally coming to an end, so we can all move on and get closure.”