The mother of a woman killed by her lover during coitus on 18 July 2020 vowed that she would never forgive the accused.
Betta Kau, who spoke through a San interpreter during her testimony in aggravation of sentence for Petrus Abusema (30), said she is heartbroken about losing her firstborn – Katrina Hendrik.
She told Windhoek High Court Judge Dinnah Usiku that she wants Abusema to be given a harsh sentence as he has taken away her and Hendrik’s children’s only support.
She said the father of Hendrik’s two children aged nine and 10 was killed in an accident in 2015.
“I want him (Abusema) to be given a heavy sentence because he broke my heart,” Kau asked the court.
Abusema told the judge during his testimony in mitigation that he regrets the incident. Although he accepted responsibility that his actions caused Hendrik’s death, he said he did not intentionally kill her. He added that it was Hendrik who attacked him first and that he was just defending himself, but acknowledged that his actions were too much.
Abusema was crying as he extended an apology to the family of the deceased through the court, as he never had the chance to apologise during his period of incarceration.
Kau, however, did not accept the apology when questioned by State Advocate Ethel Ndlovu, who took over the matter after Phillemon Nyau had resigned. Abusema was convicted by Judge Usiku of killing Hendrik in June this year.
According to a summary of substantial facts, the accused and the victim were in an intimate relationship, while he was also in a relationship with another woman at the same time.
During the night in question, he visited Hendrik at her shack in Kanaan location in Gobabis, and they had intercourse.
An argument erupted between them, and he allegedly strangled Hendrik, causing her to die on the scene due to cardiopulmonary arrest by asphyxia. He then allegedly left the scene.
Legal Aid lawyer Eliaser Shiikwa, who represents Abusema, implored the judge not to break his client with a harsh sentence, as he said the murder was committed in the heat of the moment, and was not planned. He further submitted that the accused was provoked by Hendrik, who attacked him first.
While they accept that a life was lost, he said, destroying another life in the process will not bring that lost life back.
Shiikwa furthermore told the judge that Abusema was a productive member of society who maintained his minor child and girlfriend before the incident, and was obligated to continue maintaining his child. He asked the court to impose a custodial sentence of 15 years. Ndlovu, however, argued that the accused has a strong moral blameworthiness. She said offences of the abuse of women and children have become the norm, and a strong message should be sent that such behaviour will not be tolerated.
Ndlovu told the judge that similar cases have attracted sentences in the region of 28 to 32 years. According to her, people like the accused who cannot control their emotions are a danger to society, and must be removed for their own and society’s good. Also, she said, Judge President Petrus Damaseb had in a recent judgement lamented the fact that only an accused person’s circumstances are considered when determining sentences.
“What about the circumstances of the victims, and the ones they left behind? Ndlovu questioned, further asking the judge to sentence Abusema to 32 years behind bars.
The judge reserved judgement until 19 January next year. – rrouth@nepc.com.na