A 40-year-old man who went on a shooting rampage at the Omutundungu village in June 2014 which saw the loss of one life and several injuries, was sentenced to an effective 25
years imprisonment last week.

Josua Nandjebo, who was diagnosed as suffering from an anti-social personality disorder, was convicted on one count of murder, eight counts of attempted murder, two counts of housebreaking with intent to steal and theft, three counts of contravening the Arms and Ammunitions Act, as well as contravening the Animal Protection Act.

He was sentenced to 15 years for the death of Otto Namweyo (41), and three years for shooting his ex-girlfriend and mother of his minor child Elizabeth Tweshiningilwa Nghishilenapo, wounding her seriously, but she survived. He further fired shots at Josef Josef, Sam Angula, Soini Sheehama, Maria Dumeni, Abed Tuhafeni, Fillipus Erastus for which he received one-year sentences, respectively. 

On the housebreaking
charges, Nandjebo was sentenced to six months, and two years for the attempted murder of Lucila Vyuleinge, who lost an eye. On the Arms and Ammunition charges, he was sentenced to 24 months, and on the Animal Protection Act, he was sentenced to six months for shooting at cattle, killing two and wounding three. Oshakati High Court Acting Judge Danie Small, however, ordered that six months of the sentences on the Arms and Ammunition charges run concurrent with the other 18 months, and that four of the one-year terms run concurrently. 

He has been held in pre-sentencing custody since his arrest on 7 June 2014. 

Acting Judge Small said the crimes Nandjebo was convicted of are for the most part, extremely serious. The victims in the attempted murder charges were severely injured by the shotgun pellets, which caused Nghishilenapo to spend a substantial time in hospital, and injured the eye of Vyuleinge to the extent that she lost sight in it. 

He further said that according to the psychiatrist, Nandjebo cannot express remorse because he does not feel he did something wrong because of his anti-social disorder. While remorse is an essential part of mitigation, the judge said, in this instance, it cannot be a factor, and his lack of contrition cannot be held against him. Furthermore, the convict has been in pre-sentence custody for more than nine years. Although it is not a mitigating factor that lessens the severity of the criminal acts, ignoring it would be inappropriate if one considers that a sentence which disregards pre-conviction and sentence incarceration adds to the period already spent in custody.      

“A court should fearlessly impose a sentence that it considers appropriate and fair, even if it may not satisfy the public opinion. In this instance, the accused terrorised the community he grew up in, resided and worked. A substantial period of incarceration is warranted in these circumstances,” the judge said, but added that he deems it appropriate to credit Nandjebo with time spent in custody before conviction and sentence. 

- rrouth@nepc.com.na