WINDHOEK – The engineer who was convicted of rape on Tuesday is set to hear his sentence in the matter on Thursday next week.
Judge Christi Liebenberg in the High Court convicted Epafraditus Ndokotora Unengu of rape and assault with intent to do grievous bodily harm.
He was, however, acquitted on another charge of rape and three counts of attempted murder.
While he concedes that his client will have to spend some time in jail, Sisa Namandje for the defense said, it is the amount of time that he is concerned about.
He told the judge that Unengu is an excellent prospect for rehabilitation, not only because of his academic qualification, but because he has a family to come back to.
He said that Unengu overcame many obstacles to become the successful engineer that he is today and has plans to study towards his masters degree.
Do not crush those dreams, Your Lordship, Namandje urged the judge.
According to Namandje, it is indeed serious offenses that Unengu is convicted of and being raped has a traumatic effect on the victims.
It is no secret that our women do not feel safe, he said, but reminded the court of a quote in a judgment that say “excessive punishment will be heaped on the relative few that are convicted on the despairing hope that it will discourage the scourge”.
He said that sufficient evidence has been placed before the court that warrants a deviation from the prescribed minimum sentence off 10 years for a first conviction on rape.
“What is not an excuse, but could have been a contributing factor to committing the offence, was that Unengu was drunk and his faculties impaired as the judge himself noted in his judgment” Namandje argued.
He also reminded the judge that the objective of prison has changed rapidly from a form of punishment to one of rehabilitation.
He said that because of exponential circumstances Unengu is an ideal candidate to be sentenced below the minimum sentence prescribed.
Namandje proposed a sentence of five to six years and asked that the sentence imposed on the assault conviction ordered to run concurrently.
For his part, Dominic Lisulo for the State, argued that no exceptional circumstances was adduced to allow the court to deviate from the prescribed sentence.
Unengu did not bother to take the court in his confidences by testifying under oath, he said, which means that everything his lawyer submitted from the bar was untested.
Not much weight can be attached to it.
He further stated that genuine remorse is lacking from Unengu and he may be sorry, it is for the fact that he was convicted and not remorse for the offence he committed.
He also questioned Namandje’s assertion that the offence was a spur of the moment crime and not pre-meditated.
He said that Unengu could have planned the attack on the complainant from the time he agreed to drive her home from Olavi’s place.
Lisulo proposed a sentence in excess of the prescribed minimum and asked the court to order that the sentence on the assault conviction run consecutively with the rape sentence.
Judge Liebenberg reserved judgment until Thursday March 05 at 09H00.