“It remains a notorious fact that no length of custodial sentence will bring back the deceased, neither can it restore the health status of his wife to what it was before the attack.” 

This was said by Windhoek High Court Judge Dinnah Usiku when she sentenced the four men convicted of the murder and robbery of Hans-Jorg Moller to 35 years in prison each. 

Panduleni Gotlieb, David Tashiya, David Shekundja and Elly Ndapuka Hinaivali were convicted on one count of murder with direct intent, one count of attempted murder, one count of housebreaking with intent to rob and robbery, one count of conspiracy to commit murder and two counts of contravening the Arms and Ammunition Act each. 

She sentenced them to 26 years on the murder conviction, six years for attempted murder, one year for conspiracy to commit housebreaking with intent to rob and robbery, three years for housebreaking with intent to rob and robbery, six months for possession of a firearm without a licence and six months for possession of ammunition without a firearm. 

She also ordered that the sentences on the conspiracy and arms and ammunition convictions run concurrently with the sentence on the housebreaking conviction, and further declared each person unfit to possess a firearm or ammunition for three years after release. 

She also declared the pistol forfeited to the State, and to be destroyed forthwith.

She said in her view, what carries considerable weight is that the accused persons have shown no remorse for the terrible crimes they committed against innocent victims, who were attacked in the privacy of their home whilst sleeping. 

She added that it appears that all four of the accused were more concerned about themselves and their children, and cared less about the demise of the victim. 

“They do not seem to see the impact it has left on his wife, children and their families,” the judge said. 

She noted that the crimes of housebreaking with intent to rob and robbery with aggravating circumstances, which is theft through violent means, are serious. 

It does not only invade the privacy of occupants, but also infringes the property rights of owners, and interferes with individual’s integrity and safety. 

“It is not uncommon that innocent lives are lost – like in this instance, when occupants are confronted by the perpetrators of these offences,” the Judge remarked, and continued: “The deceased was killed in cold blood, whilst the complainant in respect of the second count was severely assaulted by more than two grown-up male adults. She was assaulted to the point of being killed. In my view, the accused persons’ circumstances play an insignificant role, compared to the vicious and inhumane way in which the crimes were committed”.      

Möller was gunned down when he came to the defence of his wife and children during a daring robbery in the early morning hours of 17 June 2016. – rrouth@nepc.com.na