WINDHOEK – Jesaja Boois, 43, a resident of Tses in the Keetmanshoop district was on Monday sentenced to life imprisonment on a conviction of murder, 20 years on a conviction rape, one year on a conviction of assault by threat and one year in jail on a conviction of defeating or attempting to defeat the course of justice by the Windhoek High Court.
Judge Nate Ndauendapo ordered that the sentences run concurrently with the life sentence. He was convicted of suffocating Bonaventura Jahs in Tses during the period September 2 to 3, 2014 after he raped her.
He was further convicted of assault by threat for threatening to stab his ex-girlfriend Anna Marie Links with a wine bottle on Tuesday September 2, 2014 and further on a charge of defeating or obstructing of attempting to defeat or obstruct the course of justice by cleaning up the ground around the deceased’s body, dressing the deceased’s body with a purple legging and hiding the deceased’s dress/blouse in a culvert pipe as well as hiding the deceased’s cell phone and sim card by burying it in the ground.
According to the State, Boois did all this to frustrate police investigations into the disappearance and possible murder of the deceased.
According to Judge Ndauendapo, retribution and deterrence require the most severe punishment available in the country’s legal system.
“Such punishment is apposite, in my view, for the rape and brutal killing of a visibly pregnant woman and I cannot find any other appropriate sentence other than life imprisonment where the convict will be required to serve at least 25 years before having the chance of being considered for parole,” the judge stated.
He further said that although the provisions of the Combating of Rape Act provides for stiff sentences for repeat rapists, what is fundamental is whether or not the provisions specifically as they relate to the prescribed minimum mandatory sentences for repeat offenders were intended to run concurrently with any other sentence imposed.
In his verdict, Judge Ndauendapo said the only person that was with the deceased shortly before she died was the accused and the only reasonable inference to be drawn was that he is the one who suffocated her.
He further said that DNA evidence has proven that the sperm of Boois was found in the private parts of the deceased which proved that he raped her. With regards to the assault by threat conviction, the judge said the evidence of the witness was unchallenged and he is therefore guilty on that score.
Judge Ndauendapo further said that it was proven that the place where the body of the deceased was found was cleaned and her leggings were inside out and it could only have been the accused who did that and he therefore defeated the course of justice.
According to Judge Ndauendapo, while the State’s case hinged on circumstantial evidence as there was no eyewitnesses, the only reasonable inference that can be drawn from the evidence presented is that it was Boois who raped and killed the deceased and tried to defeat the course of justice.
Advocate Ethel Ndlovu represented the State and Titus Mbaeva represented Boois on instructions from the Legal Aid Directorate.
2018-09-20 07:16:09 11 months ago