A “victim” who should not be punished – this is how a woman charged with conspiring to kill her mother was described in the Durban Regional Court on Friday.
Astrid Tavira, 20, is charged with boyfriend Waleed Karriem of conspiring to kill Freda Tavira, 50.
The woman was found strangled and raped in her New Dawn Park, Newlands East, home last August.
Karriem, who is also Tavira’s first cousin, pleaded guilty to murdering and raping his aunt. He is serving a life sentence. In his guilty plea, Karriem said he killed Freda so Tavira could inherit from her mother’s estate and pay off their debts.
Tavira has testified that Karriem asked her if she wanted her mother dead. She had said yes, but had not believed he was serious.
Karriem refused to testify against Tavira, and the State is relying on a statement she made to police.
In closing arguments before judgment, Tavira’s attorney, T Volskenk, said her client had been a victim.
“She was just 19. She lost her mother, who was looking after her financially. She now has to raise Karriem’s child all on her own and she has no other family. It would be ridiculous to convict her of this crime.”
She pointed out that there were no previous attempts or a plan put to Tavira of how the murder would be done. “If she had reported it to the police, what would she have said? You cannot run to them when the only evidence is a vague threat.”
Volskenk said there was no case in SA law where a person was found criminally liable for failing to report a crime.
Prosecutor Calvin Govender argued that Tavira could have warned her mother. She should have known Karriem was being serious.
“She was dealing with a man who had just come out of prison after serving a sentence for rape and assault … and had a propensity to commit violent acts.”
The case was adjourned.
