Maria Amakali
Windhoek-The Windhoek High Court yesterday sentenced to 28 years behind bars a 49-year-old man who killed a man in a dispute over N$164 at a local bar in Katutura.
Joshua Hituamata was found guilty by the court on one count of murder with direct intent after shooting the deceased Nathanael Mushihange Showa six times in the head and chest, even though stating that he shot the deceased in self-defence.
“The accused fired fatal shots directed to the deceased’s head and chest whilst the deceased lay helplessly, making the degree of culpability of the offender very high,” explained Judge Naomi Shivute.
According to the indictment, Hituamata and Showa were hanging out at a local bar on July 12, 2013 at Okuryangava, in the district of Windhoek. A dispute between the two over N$164 that was in the jackpot machine erupted.
The deceased allegedly claimed the whole amount whilst Hituamata demanded N$100 of the amount. Hituamata then pulled out a 7.65 pistol and shot the deceased in the arm, resulting in the deceased falling down to the floor.
But after the deceased fell to the ground, Hituamata fired more bullets at the deceased’s head and chest.
Showa was pronounced dead on the scene after being hit by six bullets.
Factors such as being a first-time offender, having stayed in custody for four years, paying compensation to the family as required by the traditional authority, contributing towards funeral expenses of the deceased and showing remorse by apologizing to the court and the deceased’s family all worked in Hituamata’s favour of getting a lighter sentence.
Judge Shivute ruled that the firearm with serial number 3540, used in committing the offence, will be forfeited to the State. Furthermore, Hituamata will not be allowed to possess a firearm for 20 years with effect from after serving his sentence as he is deemed unfit to possess a firearm in the eyes of the court.