[t4b-ticker]

Court finds Nuuyoma guilty of culpable homicide

Home National Court finds Nuuyoma guilty of culpable homicide

WINDHOEK – Magistrate Johannes Shuuveni on Monday in the Regional Court handed a suspended sentence to Jonas Nuuyoma, who was convicted of stabbing his friend to death three years ago.

When delivering sentence, the magistrate pointed out that taking into consideration “the exigencies of this case, Nuuyoma’s mitigation factors and the legitimate interest of society, I am not persuaded that this is such a case where a custodial sentence is called for.” The magistrate sentenced Nuuyoma to five years imprisonment, wholly suspended for five years on condition that he is not convicted of a crime of culpable homicide during that period. Magistrate Shuuveni last week Thursday found Nuuyoma guilty of stabbing Petrus Seefeni to death on December 20, 2010. Nuuyoma originally faced a charge of murder, but Magistrate Shuuveni found him guilty of culpable homicide last week Thursday, adding that the State failed to prove the charge of murder against him.

Seefeni was stabbed with a knife on December 20, 2010 and died on the same day in the Katutura State Hospital where he was receiving treatment. Nuuyoma handed himself to the police at the Wanaheda police station following the stabbing where he was arrested and charged with murder. He had pleaded not guilty to the charge of murder.

During the trial, Nuuyoma testified that on the day of the incident, he was at Amadhila’s Bar when Seefeni came to talk to him. Seefeni allegedly asked Nuuyoma why he was undermining him. Seefeni then started assaulting Nuuyoma hitting him in the face with his fists and then dragged Nuuyoma to his room and returned later to continue the assault. Nuuyoma testified that he could not run away, because the deceased was blocking the only exit. He also testified that he saw a knife, which he picked up and tried to scare off the deceased but in the process, the deceased stormed into the knife with fatal consequences.

According to Nuuyoma, he did not have any intention to kill the deceased, but was merely trying to create a room for himself to escape from his assailant. The prosecution and the defence are expected to argue on the sentence to be imposed today.

 

By Tunomukwathi Asino