WINDHOEK - Levi Haneb, 32, convicted of murder with direct intent on his own admission and a charge of common assault and assault by threat will hear his fate on November 13, the Windhoek High Court said yesterday.
Judge Alfred Siboleka set the date after hearing submissions on the sentence to be imposed by defense counsel Jan Wessels and State Advocate Cliff Lutibezi.
Wessels argued that Haneb deserves mercy from the court as he pleaded guilty at the first opportunity. He asked the court to impose a sentence of less than 20 years for the murder conviction and one year each for the assault convictions and to order them to run concurrent.
According to Wessels, the accused showed remorse for his actions.
Lutibezi on the other hand argued strongly that Haneb is not a candidate for rehabilitation and should be removed from society for as long as possible.
This, he said, can only be realised if he is sent to prison for life. According to Lutibezi, the convict has a long history of assaulting the deceased coming from 2014. He told the court that the only reason Haneb pleaded guilty is because he had no other choice. He said that the brutal manner in which the deceased was killed calls for a life term.
Lutibezi further said that Haneb had time to reflect on his actions, as he left the room of the deceased, but did not do so as he returned to carry out his dastardly deed, which shows premeditation and the areas he directed the panga blows shows that he intended to kill her.
Haneb pleaded guilty to murder, but denied assaulting or threatening to assault the deceased, Ingenesia Ais with whom he were in an intimate relationship prior to the incidents.
According to the State, Haneb killed Ais by hitting her at least eight times with a panga on her head, neck, arm and hand after he had locked himself and her in her room on April 3, 2015 in Outjo.
He was also charged with assault with intent to do grievous bodily harm for pulling her out of her house during the period March 23 to 30, 2015 and holding her by her legs and beating her with clenched fists and or stones.
He was further charges with assault by threat for threatening to kill or harm Ais by chasing her with a spear in his hands during August, 2014.
In a plea explanation entered on Haneb’s behalf by his Legal Aid lawyer Jan Wessels, he admitted that there was an argument between himself and the deceased whereafter he left her house, but returned to the deceased’s house during the course of the afternoon.
After he knocked, Haneb said, the deceased opened the door for him and after he entered he locked the deceased and himself inside the house and started to assault her with a panga. He further admitted that he knew the assault was wrongful and unlawful and that he can be punished for it.
He however admitted to only hitting the deceased three to four times on her body including her head and neck.
“I admit that I knew my actions were unlawful and that my actions will cause the death of the deceased as I was using a panga as a weapon to inflict the wounds to vital parts of the body”, Haneb stated.
He is in custody at the trial-awaiting section of the Windhoek Correctional Services facility.
2018-10-30 09:13:10 2 months ago