Windhoek
Thirty-year-old Charles Noabeb, convicted of the murder of Cintha Robertha Gaeses in April 2013 near the Kolin Foundation Secondary School, was yesterday sentenced to an effective 40 years in jail by High Court Judge Dinah Usiku.
“The requirement for mercy in imposing an appropriate sentence does not mean that the courts must be too weak or must hesitate to impose a heavy sentence where it is justified by the circumstances,” Judge Usiku stated.
Noabeb was convicted by Judge Usiku in March of murder with direct intent over the killing of 22-year-old Cintha Gaeses near Kolin Foundation Secondary School in the tiny mining town of Arandis between the period of March 28 to April 3, 2013.
He was also convicted of robbery with aggravating circumstances for stealing her cellphone and of defeating or obstructing the course of justice for dumping her body in a corner of the yard at the school and covering her body with trash.
He was sentenced to 30 years for the murder, 10 years for the robbery and three years for obstructing the course of justice. The sentence on the obstruction of justice conviction will run concurrently with the sentence on the robbery count.
According to Judge Usiku it is appropriate to sentence Noabeb separately on each count, even though the offences were committed within a narrow timeframe.
“In my view, justice should not only be done to the offenders, but also to the victims of crime,” the judge said when she stated that although Noabeb asked for mercy he deserves to be punished severely.
“The accused has shown no remorse for his wrongdoing throughout the trial. It was only at the eleventh hour that he came up with his apology towards the deceased’s family and the community,” stated the judge prior to sentencing.
His criminal history, combined with his uncontrolled and unpredictable behaviour, makes him a danger to society and this is an instance where society is entitled to seek protection from the courts against such persons, she stated.
“The interests of society therefore deserve emphasis, even at the expense of other factors normally taken into account during sentencing,” Judge Usiku stressed. She went on to say murder and robbery are some of the most serious crimes that can be committed.
The deceased was stabbed 29 times, as per the evidence of the doctor who conducted the post mortem examination on the body of the deceased. The wounds were mainly inflicted on the deceased’s back, which clearly demonstrates that the deceased was pursued as she had attempted to get away from her assailant, Judge Usiku noted.
Gaeses, however, did not manage to escape and finally died in the vicinity of Kolin Foundation School, where her body was discovered a few days after by members of the Arandis community, the judge recounted.
According to Usiku, the accused continued to make undisturbed use of the deceased’s cellphone while the family of the deceased and the community of Arandis were reeling in shock and disbelief.
The fact that the deceased’s body was found covered in trash, which made it impossible to be immediately discovered after she went missing, and the fact that she “no doubt underwent excruciating pain and suffering before she succumbed to her injuries,” are aggravating, the judge remarked.
She further said the killing was unprovoked and directed at an unarmed female, a vulnerable member of society, and this all weighed heavily against Noabeb in relation to sentencing. It “underscores the need to punish the accused,” the judge said.
Noabeb was represented by Milton Engelbrecht on instruction from the legal aid directorate, while the prosecution was conducted by State Advocate Simba Nduna.