Science graduate Michael Barend van Zyl was on Thursday convicted in the Cape High Court of the axe murder of his former partner.
Van Zyl wept during the two-hour judgement, especially whenever Judge Daniel Dlodlo referred to his gay relationship with his victim, estate agent Andre Weitz.
He was also convicted of aggravated robbery, for the theft of Weitz’s car.
Van Zyl attacked Weitz in June 2004 at his home at The Poplars apartment complex in Thornton. Weitz’s body was found there in a pool of blood after Van Zyl was found wandering around naked at night in Plettenberg Bay, Weitz’s car parked nearby.
Van Zyl did not greet anyone including relatives and did not look up during judgement. When a woman handed tissues to the police court orderly to pass to him, he ignored this and did not acknowledge her.
At lunchtime, Van Zyl was shocked to realise that his bail had lapsed. He wept hysterically as a police officer led him in leg and wrist chains to the holding cells.
The judge said the axe attack left Weitz with no less than 30 wounds, most on his neck and head — ”the most delicate parts of the human body”.
He rejected Van Zyl’s defence of ”temporary non-pathological criminal incapacity”.
”According to psychiatric evidence, a mentally ill person would have been able to inflict only one blow with accuracy, and would then probably have lost his balance as he tried to inflict more, thereby giving the victim an opportunity to resist and escape,” said the judge.
”Human experience teaches us that no mentally ill person, having launched such a vicious attack on someone, would then be able to drive some 500km without incident, all the way to Plettenberg Bay.”
Commenting on Van Zyl’s defence, Dlodlo said: ”The phenomenon of sane people suddenly losing control of themselves, as you claimed happened to you, is rare.”
He said accused people will continue to raise this defence. ”Our courts must in future be careful to ensure that rulings upholding this defence are based on sound evidence.”
The judge said Van Zyl had not given the court an explanation, and the evidence led to the inescapable conclusion that he was the killer.
Sentencing is on Monday. — Sapa