WINDHOEK - Businessman Sakarias (Sacky) Mathias, 59, was sentenced to an effective 35 years imprisonment yesterday by Windhoek High Court Judge Naomi Shivute after he was found guilty on charges of murder, attempted murder, possession of a firearm and ammunition without a license and attempt to defeat or obstruct the course of justice.
The judge sentenced Mathias to 28 years on the murder charge; five years on the attempted murder conviction; two years on the conviction of possession of firearm without a license; one year on the conviction of possession of ammunition without a license and two years on the attempt to defeat or obstruct the course of justice conviction.
She however gave an order that two years on the attempted murder count runs concurrently with the sentence on the murder count and that the sentence on the unlawful possession of ammunition run concurrently with the sentence on the unlawful possession of a firearm count.
Mathias was convicted of murdering 21-year old Magdalena Fredericks when he shot her at point blank range at BSK Bar at Katutura Central Shops in a fit of jealousy on 9 April 2014.
The judge rejected his defense that he acted in self-defense after he was apparently robbed by four men outside his shop and followed them into the bar to retrieve his money.
According to Judge Shivute, the fact that Mathias will turn 60 at his next birthday is in his favour.
She further said that, while he has a family and dependents he was taking care of, and who will undoubtedly suffer because of his continued incarceration, it unfortunately is a consequence of committing a crime that calls for the imposition of a custodial sentence. “The life that was lost is also irreplaceable,” the judge said and continued: The accused went into a bar and fired shots at the deceased and the complainant in the attempted murder charge where people are supposed to relax and enjoy their drinks.
She further said Mathias was convicted of serious offences, especially the crime of murder where a life was lost that can never be replaced.
The judge noted that the deceased’s family has suffered a great loss and that she was a vulnerable member of society being a defenseless woman.
According to Judge Shivute, the offence falls under gender based violence and therefore the sentence must have a deterrent effect.
She further stated that the fact that the accused used a firearm which is a dangerous weapon is an aggravating factor.
“The accused’s lack of genuine remorse counts against him,” Judge Shivute remarked and added that given the circumstances of the case, a deterrent sentence is called for.
She further said that the sentence of a fine or periodical imprisonment the accused asked for are not appropriate in the circumstances which calls for direct imprisonment.
Trevor Brockerhoff represented Mathias and State advocate Palmer Khumalo prosecuted.