WINDHOEK - State Advocate Solomon Kanyemba yesterday asked Windhoek High Court Judge Naomi Shivute to sentence Wilhelm (Wimpie) Derick Februarie, 40, the man convicted of the murder of a 56-year-old woman in Windhoek West, to life imprisonment.
According to Kanyemba the accused is not fit for life in a community as he is a danger not only to society in general, but to women in particular.
He asked the court to sentence Februarie to such a prison term that if he is eventually released he will be too old and frail to attack anyone and that even one-year-olds would be able to defend themselves against him.
Februarie was convicted of murdering 56-year-old Dinah Diedericks on 21 June 2014 at her residence in Windhoek West after he allegedly raped her, or exposed her private parts by removing her trousers and underwear. He was however acquitted on the charge of rape. He pleaded not guilty to both counts at the start of his trial. In the judgement, Judge Shivute said that she was satisfied that the only inference to be drawn from the available evidence was that it was Februarie who killed the deceased, but could not with a clear conscience find that he either raped, attempted to rape the deceased or that he was guilty of crimen injuria for exposing the woman’s private parts.
She said that the evidence does not support a conviction of rape and of attempted rape with the current legislation and the evidence also does not state whether the woman was dead or alive when her pants were brought down. His legal aid lawyer Mbanga Siyomunji asked the court to be lenient to Februarie and sentence him to 20 years with five years suspended for five years on condition that he is not acquitted on the charge of murder during the period of suspension. According to Siyomunji his client has been languishing in jail waiting for his trial to be finalised for the last five years and deserves to be given a second chance. He said that society expects from the courts to punish an offender, but not to break him and that retribution as an objective should not be the only one, but rehabilitation should be also be considered.
Although his client did not testify in mitigation of sentence, Siyomunji said, this should not be held against him. Prosecutor Kanyemba told the court that Februarie has not shown one ounce of remorse and remains unapologetic even after the court has pronounced itself on his guilt.
According to him, society must be protected against predators such as Februarie and the courts must send an unequivocal message that offences against the most vulnerable members of society will not be tolerated.
Februarie still maintains that he is innocent and indicated that he will seek leave to appeal the conviction after he is sentenced.
Judge Shivute indicated she will hand down sentence on 4 December at 09h00.
2019-11-14 08:24:10 | 2 months ago