By Roland Routh
WINDHOEK – Despite being acquitted on a charge of murder, a security guard from the popular holiday destination Swakopmund will have to spend some time in prison.
Judge Alfred Siboleka yesterday sentenced Martin Angamba to four months’ imprisonment after he was convicted for assault by threat.
Should he not be able to pay the N$8 000 fines he was sentenced on two other convictions he will have to spend an additional two years in jail.
Judge Siboleka sentenced him to N$6 000 or one year in jail for the conviction of driving under the influence of intoxicating liquor and N$2 000 or twelve months in prison for pointing a firearm.
Last year in August the judge acquitted Angamba of the murder of Andrew Molaletz, 28, an incident that took place on December 28, 2011 in Swakopmund.
During the judgement, Judge Siboleka said the version of Angamba remained unshaken by the State even through thorough cross-examination.
Angamba claimed he shot his colleague Molaletz after he made a quick movement with his hand in his jacket pocket.
Judge Siboleka found that Angamba had a reasonable suspicion that the deceased was drawing a firearm to shoot him with.
He was however convicted on the charges of driving a motor vehicle while under the influence of intoxicating liquor, pointing of a firearm at and assaulting another colleague, Elma Bloedooght.
The judge said he looked at the personal circumstances, the crime and the interest of society when he considered an appropriate sentence.
Angamba’s personal circumstances are that he is a first offender and is the father of two minor children, a boy of 13 and a girl of 10 who is attending school and were dependent on him before his arrest.
He further said that Angamba already spent one year in jail at the Narraville police holding cells before the start of his trial.
Judge Siboleka also noted Angamba’s arguments through his lawyer Titus Ipumbu that various authorities prescribed that a first offender should not be sent to jail if some other form of punishment is available.
The judge said that he was satisfied that a fine coupled with an alternative period of imprisonment was a sufficient measure to induce payment, but that the offence of assault by threat warranted a jail term.
The judge said the court cannot overemphasise the seriousness of driving under the influence of alcohol which is a serious crime.
He further said that pointing of a firearm is a very serious offence as well. He said Angamba who was trained in the handling of firearms knew the dangers involved.
The assault by threat was committed by the accused when he threatened to shoot Bloedooght, a threat she believed he was capable of carrying out, the judge stressed.
He said what made matter worse was the fact that Angamba was on duty as shift commander on the day of the incident and used his service pistol to threaten Bloedooght.
“Society, in my view would be at high risk if those who are entrusted to take of them and their property are allowed to be under the influence while on duty,” the judge said, adding that Bloedooght would normally rely on the accused and his team for protection if danger came her way, but instead it was the accused himself that was the danger that night.
State Advocate Ethel Ndlovu prosecuted while Angamba was represented by Ipumbu on the ticket of the Directorate of Legal Aid.