WINDHOEK – Magdalena Khamuxas who was last month convicted by Judge Naomi Shivute on one count of culpable homicide and two counts of assault with intent to do grievous bodily harm in relation to an incident at a farm in the Outjo district in 2011, was sent to jail yesterday.
Khamuxas, who faced a charge of murder for the stabbing to death of Johannes Kasavi Ngunda during the night of October 25 to 26 2011, pleaded not guilty to the charge and claimed the deceased was accidentally stabbed when he tried to intervene in a fight between her and another woman.
The judge however did not see it that way and convicted her on the lesser charge of culpable homicide.
She was also convicted on a charge of stabbing her boyfriend, August Aib, in the stomach and for stabbing Frans Makushe.
She was however acquitted on attempted murder for stabbing Elfriede Kausiona several times all over her body and was instead convicted on a charge of culpable homicide.
Judge Shivute said the case is yet another example of the types of cases involving the use of knives which cause unnecessary loss of lives – which are rampant before the courts. “You brought about the death of the deceased and this caused a huge amount of grief to the deceased’s family who lost a hard working member of the family that used to support them including his young daughter who was three at the time,” the judge told Khamuxas.
She said alcohol played a major part as was testified, but the fact Khamuxas apologised to the deceased’s family and regretted the incident counted in her favour.
She said the deceased was a victim of tragic circumstances as he was in bed enjoying a peaceful evening when he was called to stop the accused.
While it is a tragic feature, the judge said, that Kausiona was the one who initiated the fight, there was no ongoing attack when the accused went to fetch the knife that was used to kill the deceased, the judge emphasised.
She told the court that sentencing in culpable homicide cases is a quite difficult exercise because “the death of a precious life was brought about but it was not brought about intentionally”.
According to the judge, although the court has to impose punishment the sentence will not undo the harm that was caused.
She said while the accused asked for a wholly suspended sentence as she has already spent more than three years behind bars, a custodial sentence was unavoidable.
She sentenced Khamuxas to seven years’ imprisonment of which two years were suspended for five years on condition she is not convicted of culpable homicide or assault with intent to do grievous bodily harm (GBH) during the period of the sentence.
Khamuxas was further sentenced to two years’ imprisonment on the first charge of assault with the intention to cause grievous bodily harm, one year of which is to run concurrently with the sentence on culpable homicide and nine months on the second conviction of assault to cause GBH, suspended for five years on condition she is not convicted of assault to cause GBH during the period of suspension.
Boris ‘The Mouth’ Isaacks appeared on behalf of Khamuxas on instructions of legal aid while State Advocate Erich Moyo represented the State.