Roland Routh
Windhoek High Court Judge Orben Sibeya yesterday sentenced convicted drug dealers Grant Noble and Dinath Azhar to an effective jail term of seven years each. Noble (40) and Azhar (66) were convicted on one count of dealing in cocaine. They were also charged with one count of money laundering, but were acquitted on that charge as the judge found it constituted a duplication. Noble and Azhar were detained on 15 June 2018 following their arrest after a container they imported was found loaded with 412kg of cocaine worth an estimated N$206 million.
The cocaine was hidden between copypaper boxes the two ordered from Brazil, via Cape Town to Namibia, through the port of Walvis Bay.
Noble and Azhar claimed during their testimonies that they were unaware that their container was used to smuggle drugs into the country. Noble said he was shocked, became dizzy, and could not believe what he was seeing when the police declared the packages contained cocaine.
The judge sentenced them both to 12 years, but suspended five years for five years on condition that upon their release, they are not convicted of a drug-related offence for the period of the suspension.
While the judge said he agreed with the sentiments of State advocate Timo Itula that drug abuse is rife in Namibia and the court should do its part in addressing the scourge, he said the accused should not be sacrificed on the altar of retribution.
According to Judge Sibeya, stiff sentences should be imposed on people who make themselves guilty of drug peddling as a deterrence to similar-minded people.
“The punishment dished out for offences should be a detriment to the financial gains such offences will offer,” the judge stated.
He further said the offence committed by Noble and Azhar was organised and planned, and they cannot get away with a slap on the wrist. They used their company Zeeki Trading under the pretext of importing copypaper to import a record shipment of a dangerous drug – cocaine – into Namibia and it was just a blessing that the cocaine did not reach the streets. This, the judge said, would have had a catastrophic effect on society. He further said the courts have a duty to protect society from unscrupulous people such as the convicts, who do not mind the devastating effect their trade has on society. However, Judge Sibeya said, while a custodial sentence is unavoidable, the fact that they spent several years in pre-trial custody through no fault of their own deserves serious consideration. He further said he considered the impact the drugs would have had on society and the ‘unacceptable’ conduct of the accused when he considered the sentence, and reached the conclusion that they qualify for mercy. He further said although the accused did not testify in mitigation and did not take the court into their confidence, he is satisfied that the remorse put forward by Noble through his legal representative is genuine.
The judge declared the 412kg of cocaine forfeited to the State as well as the 420 boxes of copy paper. Noble and Azhar indicated that they will apply for leave to appeal the conviction.
Noble and Azhar were represented by Sisa Namandje during the trial and Mbushandje Ntinda during submissions of sentence and the sentencing.
– rrouth@nepc.com.na