WINDHOEK – Twenty-three year old Reinhold Ishinga who told the court that he is the head of a household consisting of four young men aged 17, 19, 20 and 21 seemed to have touched the softer side of Magistrate Tuvoye Nuule.
Ishinga who pleaded guilty to a charge of theft was slapped with a fine of N$3 000 or six months imprisonment of which half of it was suspended for a period of three years on condition that Ishinga is not convicted of theft or attempted theft during the period of suspension. “I’m suspending half of your sentence so that it can hang over your head like the sword of Damocles,” Nuule told Ishinga. Ishinga who was employed at Clicks was caught with his pants stuffed with cosmetics valued at N$1 160. He told Nuule in his plea explanation that on January 11 he was supposed to finish work at 13h00, but hung around the store and eventually went to the storeroom assisting colleagues to clean the storeroom. “I took the items and put them in my trousers,” he admitted. According to Ishinga he had a mobile phone in his pocket and it accidentally dialled the manager’s number. The manager immediately upon receiving the call went to the storeroom where she found Ishinga with an item, which he tried to hide.
According to Ishinga, the manager noticed that his pants were bulky at the crotch and that he was not wearing them properly as usual, so she called security. He was then searched and a 50ml container of night cream valued at N$260, Hydra Cleansing Gel worth N$92.55, Moist T/Booster valued at N$174.35, Eucerin Derma Fluid valued at N$123.15, EUD Dens Eye and Lip Cream worth N$234.25, NFM Multi EFF Wash valued at N$42.95, L’Oreal Antiregre worth N$108.90 and NFM Multi EFF Moisturiser worth N$69.95 were found in his pants.
In mitigation Ishinga told Nuule that he is taking care of his brothers and nephews, while attending IUM as a second year Human Resources Management student. He said that as the eldest in the house he is responsible for buying food and paying the utilities as he was the only one employed. One of his nephews, Silas Nkoshi, also pleaded with the court to impose a fine on Ishinga saying that he has now finished school and is doing part-time jobs. Prosecutor Elina Hashipara said in aggravation that Ishinga breached the trust that was placed in him by his employer and proposed a fine of N$1 106 or 90 days in prison. According to Nuule Ishinga bit the hand that fed him and that he decided to steal after only three months of employment. She said that the actions of Ishinga contribute to the increase in prices as shop owners have to increase their prices to compensate for the losses they suffer through shoplifting. The court however considered that Ishinga is a student who doubles as a breadwinner and to send him to prison would not help so instead she fined him and suspended a portion of the sentence to act as a deterrent.
By Roland Routh