The man who strangled his wife and hid her body in a chest freezer for days before confessing to the murder has been sentenced.
Johann Schmid (48) was sentenced to five years’ imprisonment, with the possibility of early parole, in the Port Shepstone Regional Court.
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Schmid and his Brazilian wife, Valeria De Almeida Franco (30) were living in Uvongo at the time.
The court heard that some days after the murder, Schmid took their young son to his sister in Gauteng before returning to Uvongo and handing himself over to the police.
Although he had initially pleaded not guilty by reason of lack of criminal capacity and was referred for psychiatric observation, he later acknowledged his guilt.
Advocate Louis Barnard, who represented Schmid, told regional magistrate Johann Bester that Schmid admitted having strangled his wife in the course of a brutal struggle after she tried to stab him with a steak knife. Due to the sustained humiliation and physical abuse which he had suffered for a number of years at the hands of his wife, he lost control and resorted to murder.
The prosecution accepted that Schmid had presented with reduced criminal capacity at the time of the killing and as a result he was found guilty of murder that was not premeditated or planned.
Arguing on sentence, Advocate Barnard pointed out that Schmid had spent almost two years in prison while awaiting trial; that he was a first-time offender; that he had time and again shown remorse, that it was highly unlikely he would offend again; that he was a good candidate for rehabilitation and that the probation officer herself had recommended that he be given correctional supervision.
In turn, state prosecutor, Sohana Moodley, drew attention to the fact that Schmid’s remorse was not immediate; and that he was not trapped in the marriage and could have extricated himself from the abusive relationship. Also, she pointed out that violence against women had become endemic and she asked that he receive a lengthy sentence.
Magistrate Bester noted that according the psychologist ‘s report, Schmid, who had grown up without a father, had indeed found himself trapped in a sustained, humiliating and abusive situation.
The marriage
The couple had married when Ms Franco fell pregnant. The court heard that the child meant everything to Schmid and he feared that he may lose the child if he ended the marriage.
It was also heard that consequently Schmid had endured a toxic relationship, one where he was often beaten up, had once had boiling water thrown on him and on occasion had to phone his mother and call her a b***h because that is what Ms Franco ordered him to do. She alienated him from friends and family and made him feel useless.
The murder
The court found that on the day of the murder, Ms Franco tried to stab Schmid and he had to overpower her to save his own life.
“It was at that point that the pent-up anger boiled over and he virtually lost control of his cognitive function, the ability to control his behaviour in accordance with his or her insights. This meant that while he was able to make a decision, set a goal and pursue it, his ability to resist impulses or desires to act contrary to what his or her insights into right and wrong were, was compromised. This in itself, as has been pointed out by the Supreme Court of Appeal, was a factor which permitted a less severe sentence,” said Magistrate Bester.
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In his ruling, Magistrate Bester said he was satisfied that the child would be properly cared for while Schmid was in prison and acknowledged that while a battered husband was entitled to the same treatment as a battered wife, it was necessary to take the outrage and feelings of Ms Franco’s family and society at large into consideration.
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