Windhoek
The High Court on Friday imposed heavy sentences, ranging from 55 years and nine months to 60 years and nine months, on three men convicted of robbing and killing the owner of HAMS Security Services, Andries Petrus de Jager in November 2009.
Judge Naomi Shivute sentenced 45-year-old Willem Kawulefelwa Valombola to 60 years and nine months, 36-year-old Toivo Kashipolo to 55 years and nine months and 38-year-old Fillipus Shishiveni Nomongula to 57 years and nine months.
Although the convicts asked the court to have mercy on them, they did not appear to show any remorse, as the three maintained to the very end that they were convicted of crimes they did not commit, Judge Shivute said, adding that the court cannot overlook the fact that a life was lost.
Valombola, Kashipolo and Nomongula were convicted in July of the cold-blooded murder of De Jager with the intent to steal from him a briefcase containing cash in the amount of N$172 488, the property of late De Jager and/or Martha Diergaardt, and/or H.A.M.S Security Services.
“The deceased was shot twice with a firearm and he died as a result of a gunshot wound to the thorax. He was killed in execution-style, just because of the greed of the accused persons, who wanted to rob him of his hard-earned cash,” the judge remarked.
She said his family was robbed of a husband, a father and grandfather and that his departure created a vacuum. The offences were premeditated and calculated, she said, and this called for a deterrent sentence, as the crimes committed are very serious and prevalent.
The three were also convicted of attempting to kill Diergaardt and Hannelie Roostee by firing shots at them with the intention to murder them, as well as possessing a firearm (a .38 special revolver) without a license and of possessing an unknown amount of ammunition without the necessary permission.
Judge Shivute said it was by the grace of God that the two complainants in the attempted murder charges were not injured, although the windscreens of their vehicles were shattered by bullets.
Valombola was sentenced to 30 years for murder, 15 years for robbery and ten years each for two attempted murder convictions, while Kashipolo and Nomongula were sentenced to 25 years each for murder, as well as 15 years and 17 years respectively, for robbery. Additionally, they were both sentenced to 20 years each for attempted murder.
Five years of the robbery sentences were ordered to run concurrently with the sentence on the murder conviction.
They were further sentenced to 18 months each for possession of a firearm without a license, of which nine months were ordered to run concurrently with the sentence on attempted murder.
It was also ordered that the firearms used in the shooting be returned to its rightful owners, while the BMW used by the convicts was forfeited to the State. They were also declared unfit to possess a firearm for a period of two years from the time they complete their sentences.
According to Shivute, the fact that Valombola and Kashipolo are first offenders – and the fact that they have spent the last six years awaiting trial – weighed in their favour, but Nomongula’s criminal past proved an aggravating factor.
She said Nomongula has no respect for the law, as is evident from his three previous convictions, two of which involved dishonesty, and the court would not turn a blind eye to it.