Durban: Tongaat wife killer, Denver Mcwayne Marimuthu was sentenced to an effective 20 years in prison after he pleaded guilty to murder and three counts of assault in the Durban High Court on Tuesday.
On the morning of March 1, 2020, Marimuthu, 30, repeatedly stabbed Roxanne Thanthoni, his wife of three months with a Shogun kitchen knife at their home in Watsonia.
The 31-year-old woman, a manager at RewardsCo, was dressing for a Sunday church service when she was attacked.
After killing her, Marimuthu assaulted their landlord before fleeing in Thanthoni's Hyundai i10. He was later arrested near his parent’s home in KwaDukuza and charged with murder.
In a statement, read out by senior state advocate Krishen Shah, it emerged that Marimuthu first met Thanthoni in 2018 at a church service. On the day they met she was giving thanks for having received a promotion at work and for having purchased a new car, the Hyundai i10.
At the time, Marimuthu was part of a drug rehabilitation programme the church was running.
The two began dating and Thanthoni found Marimuthu a telesales job at her company. Marimuthu became upset when he found out that Thanthoni's ex-boyfriend was working in the same company and that the two were still in contact.
He confronted her ex at the workplace.
"He grabbed his hand, headbutted him and cautioned him to stay away from the deceased."
Marimuthu and Thanthoni married soon thereafter, on December 5, 2019 but fought often. Marimuthu's continued drug addiction further complicated issues.
On one occasion when the couple were arguing, Thanthoni’s parents, who they lived with, tried to intervene. Marimuthu punched his father-in-law and pushed his mother-in-law to the ground.
The couple subsequently moved out of Thanthoni's parent’s home and rented a place in Watsonia. But, according to the statement, their relationship remained tense.
"On February 18, 2020, Marimuthu got into an argument with Thanthoni and assaulted her. He threatened that she would leave the premises in a body bag."
Marimuthu admitted that he had become jealous because of his insecurities and on March 1, 2020 decided to kill Thanthoni. This followed a night of clubbing where Marimuthu had consumed alcohol and drugs.
"The accused began to argue with her. The deceased was at this stage getting ready to go fetch her parents for church. This enraged the accused.
"The accused attacked the deceased and a scuffle ensued. He thereafter decided to kill the deceased. He went to the kitchen, armed himself with a Shogun kitchen knife, returned and stabbed the deceased repeatedly on her body.“
Thanthoni then cried out to her landlord, Ashen Beerbal for help but Marimuthu charged at him.
"The accused body slammed him causing him and Beerbal to fall. The accused got up and fled, whilst Beerbal, who was injured, remained on the ground."
Police subsequently arrested him in KwaDukuza.
"The accused in pleading guilty admits that at all material times he acted wilfully, intentionally intended to commit the offences as listed in the indictment."
After the agreement was read out, Marimuthu, who sobbed throughout proceedings, confirmed its contents and said he pleaded guilty to all charges.
Judge Mahendra Chetty accepted the plea and convicted him.
"I am satisfied that the agreement that was entered into was done freely and voluntarily by the accused and I am satisfied that the accused is guilty of the charges as set out in the indictment."
During pre-sentence proceedings, Shah said it was agreed between both parties that the accused's personal circumstances, his remorse and the facts presented, amounted to substantial and compelling circumstances that allowed for a slight deviation of the minimum prescribed sentence of life imprisonment.
"He is a first offender, has three minor children who are cared for by their mothers and the accused spent two years awaiting trial."
In aggravation of sentence, Shah said Thanthoni's family had lost their only child.
"The accused killed the one person who had his best interests at heart and who stood by him despite his difficult circumstances."
Shah pointed out the high levels of gender violence in our society.
In a victim impact statement submitted to court by Narainsamy Babs Thanthoni, the father of the victim, he said he and his wife were still heartbroken.
"Every day is a battle. We are not the same after it happened. In the last two years, our visits to the doctor and hospital have increased due to stress, heartache and pressure of losing our only child. We go for counselling every week.”
Judge Chetty sentenced Marimuthu to three months imprisonment for each count of assault and 20 years for murder. The sentences for assault will run concurrently with the murder sentence.
Outside court Narainsamy said he would have preferred Marimuthu to have received a longer sentence.
"Ultimately it was in the hands of the judge and it was his decision whether to reject or accept the plea.
"I pray that in future the South African justice system comes down hard on perpetrators of gender-based violence."
Kogie Thanthoni, the deceased's mother, said she would have liked Marimuthu to receive a life sentence.
"I don't believe he was remorseful. He just did what he needed to get a lighter sentence."
She said she was still traumatised by what happened.
"I have still not come to terms with it. We miss our baby girl. She was everything to us. We lived for her and now she is gone."
Marimuthu was expected to start his sentence at Westville Prison from Wednesday.
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