WINDHOEK – A 32-year-old Windhoek resident learnt the hard way that a protection order is not something that should be ignored or taken lightly for that matter.
Peter Fernandes was convicted of breaching a protection order and slapped with a fine of N$11 000 or alternatively 30 months imprisonment. He was convicted by Magistrate Justine Asino on May 09 on three counts, one of breaching a protection order, one of assault and one of assault by threat. On the first count he was fined N$6 000 or 18 months imprisonment and on the two assault charges, which were taken together for sentencing purposes he was fined N$5 000 or 12 months behind bars. He paid the fines.
Fernandes was convicted of breaching a protection order that his former girlfriend, police officer Lahia Haitota Ndeitungapo, obtained against him on June 30, 2011. Ndeitungapo testified in mitigation for her former lover saying they have reconciled and are on good terms, mainly for the sake of their child and asked the court not to impose a direct jail term on Fernandes. However, prosecutor Samantha Diergaardt was her bullish self again and asked the court to set an example to would be offenders and send the accused to jail without the option of a fine. Diergaardt argued the court should send out a message that such behaviour will not be tolerated and cited the ever increasing instances of domestic violence and passion killings as an example. Mbanga Siyomunji who representated the accused told the court his client is remorseful and he even reconciled with the complainant.
This was proven by the fact that the complainant was willing to testify in mitigation he said. Siyomunji urged the court to impose a monetary sentence and said that if Fernandes is send to jail it is not only him that will suffer, but his innocent child as well.
Asino must have taken Siyomunji’s plea to heart and imposed the fines on Fernandes.
By Roland Routh