‘Freezer’ murderer found guilty

Silvana Reis Almeida, the mother of the Brazilian woman killed by her husband and whose body he stuffed into a chest freezer, was present in the Port Shepstone Regional Court for the first time when her son-in-law, Johann Oswald Schmid (48), was found guilty on Monday this week.

ALSO READ : Body in the freezer case: 5 year old child at the centre of custody dispute

Schmid, formerly from Johannesburg, was convicted by Magistrate Johann Bester of murdering his 30-year-old wife, Valeria De Almeida Franco, in the Uvongo flat they shared with their son (4) in February 2018.

The couple met and married in Brazil in 2007 and moved to South Africa in 2013.

He pleaded not guilty, but admitted to having strangled his wife with a belt during a heated argument, claiming this was in self-defence after she had tried to stab him with a steak knife.

Physical abuse

Schmid told the court of the physical and mental abuse he claimed to have suffered at her hands during their marriage. It was due to the prolonged abuse and battery, he said, that he had lost control and killed her during the scuffle. The defence claimed he was suffering temporary loss of criminal capacity at the time, and he was sent to Fort Napier Hospital for observation. This, the magistrate observed, presented a challenge as Schmid had had to spend many months in custody simply because of “a systemic lack of resources on the part of the Department of Health”.

The murder

Schmid said that on the morning of February 9 he and Ms Franco had become involved in a heated argument. “She grabbed a steak knife and came at me. I manage to dispossess the knife and pushed her to the floor. I first strangling her with both my hands and then used my belt, which I pulled tightly around her neck until such time I believed she was dead. When I released the belt she was motionless and her head hit the tile floor. I then dragged her body to the bedroom.”

It was heard that he was horrified by what he had done but was too scared to report the matter. When he realised her body was starting to decompose he bought a new deep freeze and placed the body in it. He had no idea what to do next, and in due course phoned his attorney, Mariaan Pieterse of Forder van Wyk, and confessed. Schmidt was arrested on February 26, 2018.

The psychiatrists and psychologist at Fort Napier were unanimous in their opinions that despite the prolonged domestic abuse ,Schmid had “a clear recollection of the events of that day, that his actions had been goal-oriented and that he was not only capable of distinguishing between right and wrong but also to act according to that appreciation. His ability to do so was however reduced under the circumstances”. This was accepted by both the prosecution and defence.

Guilty

Regional Magistrate Bester found that Schmid had killed Ms Franco intentionally, that he did have the necessary criminal capacity to commit the crime but that it was reduced by the prolonged domestic violence, something which would serve as mitigation. The court also found that although Ms Franco had tried to stab Schmid, he had exceeded the bounds of self-defence when he repelled the attack and then killed her. He was found guilty and the case was postponed to October 28 for pre-sentencing reports.

“There is nothing that will bring my daughter back but I and my family back in Brazil would like to see the maximum sentence imposed. In Brazil they had a good relationship and it was only when they came to South Africa that things took a turn for the worse,” said Mrs Almeida.

Meanwhile the tug of war between relatives for custody of the child continues. Proceedings have been suspended, pending sentencing.

The case was investigated by Constable Siphiwosenkosi Hlongwane of Margate Detective Services.

Schmid was represented by advocate Louis Barnard, instructed by attorneys Petterson and Pandarum.

HAVE YOUR SAY

Like the South Coast Herald’s Facebook page, follow us on Twitter and Instagram

To receive our FREE email newsletter, click HERE