A disabled man accused of killing his wife after she taunted him about ”having the best sex of her life with her lover” was convicted of her murder on Wednesday.
The Grahamstown High Court found that Jan Wilhelm Marx (41) of Philpot Street, Steytlerville, could ”appreciate right from wrong and act in accordance with that appreciation” when he shot and killed his wife Marieta (38) on May 3 2007.
Marx had originally entered a guilty plea to the murder on the grounds of diminished responsibility, but this was rejected by the state.
Judge Clement Sangoni then entered a plea of not guilty into the court record.
Marx’s lawyer, Terry Price, then informed the court that the defence would argue that Marx had committed the crime under emotional stress, which had resulted in temporary non-pathological criminal incapacity.
In his 90-minute judgement, Sangoni held that Marx went to the bedroom in the early morning hours of May 3, with the intent to kill, and shot his wife with his .38 special revolver as she slept with her two youngest daughters nearby.
”There was a long history of ups and downs in this marriage, which was exacerbated by the accused’s suspicion of the deceased having extra-marital affairs.
”Defence witness Hendrik Alberts admitted that he had a continuous sexual relationship with Marieta, and told this court how she had tormented him [Marx] over a long period of time, and humiliated him about his disabled status.”
Sangoni said Marx had gone to his wife with the intention of committing suicide in front of her after she had rejected his numerous attempts to reconcile their marriage, and for her to withdraw divorce proceedings against him.
”He [Marx], in his evidence, said he remembered putting the gun to his head, and then hearing shots fired but does not remember anything else, except taking his daughters out of the bedroom and to a friend’s house.”
Sangoni said that Marx had then attempted suicide by drinking a small amount of poison.
The case was postponed until July 10 for arguments in mitigation of sentencing. Sangoni ordered that Marx have his bail extended. — Sapa