Regional Court Magistrate Kandiwapa Nembia yesterday identified 5 November as the date for the sentencing of former police reservist, Sakaria Kuutondokwa Kokule (51).
This came after she heard arguments in mitigation and aggravation from defense and State counsels, Jermaine Muchali and Ian Malumani, respectively.
Muchali asked the court to consider the more than four years Kokule has spent in pre-trial custody, and to impose a fine on him.
He asked for a fine of N$55 000, or in default, six months imprisonment.
Muchali said the accused has already been punished enough, and that he has learnt his lesson.
He said Kokule was a prominent businessman with restaurants, bars and shebeens before his incarceration, which he lost, as he cannot oversee its operations.
He added that the accused is a first-time offender, who is guilty of a white-collar crime.
Although the accused did not testify in mitigation, Muchali said this cannot be held against him.
Before Muchali submitted, Kokule’s wife testified in mitigation.
Maria Shigweda, a teacher by profession, told the court that Kokule has four children outside their marriage, whom she looks after in addition to her four-year old.
She added that their child was born while Kokule was in custody, and he has not seen the child since.
She asked the court to show mercy on Kokule and impose a fine that will not break her, as she is the one who will have to pay it.
Malumani argued that the offences Kokule was convicted of are very serious.
They were committed while the accused was employed in the Namibian Police.
“He was in a position of trust, and he breached that trust,” Malumani said.
He added that Kokule tarnished the image and reputation of the Namibian Police.
The public has a legitimate right to expect that the Namibian Police will uphold the law and not break that sacred trust, he stressed.
He stated that Kokule to date did not acknowledge that he has done something wrong, and has shown no remorse.
He asked the court to sentence Kokule to a fine of N$6 000 or two years in default on the first count and N$2 000 or 12 months in default on the second count.
Kokule was convicted of corruptly giving gratification as an inducement, bribery or alternatively improperly influencing an authorised officer, and defeating or obstructing the course of justice.
He was charged alongside Fishrot accused James Hatuikulipi, who was acquitted on all charges earlier this month.
He has been in police custody following his arrest on 23 January 2020 after he allegedly tried to bribe Anti-Corruption Commission officer Junias Ipinge with N$250 000 to steal bank cards belonging to Fishrot accused James Hatuikulipi and Pius Mwatelulo.
-rrouth@nepc.com.na