4 NAMIB TIMES
Court
CRIME & COURT
Nelumbu Mathews (25) and Asino Vilho (36) appeared on charges of housebreaking with intent to steal and theft. Magistrate Andre Matulich found Mathews guilty. Vilho was found not guilty and discharged. The matter was further postponed to 26 June 2014. A minor (18) was absent at his hearing and a charge of assault with intent to steal and theft. The matter was postponed to 10 July 2014. The accused is in custody. Charden Kairi (27), Joseph Kamungwa (26) and Jessica Jansen (23) appeared on charges of dealing in cocaine. The matter was postponed to 24 July 2014. Kairi and Kamungwa are in custody, and Jansen is on bail. Lameck Amupolo (32) appeared on a charge of housebreaking with intent to steal and theft. The matter was postponed to 10 July 2014. The accused is in custody. Eddy Rafeal (26) appeared on a charge of housebreaking with intent to steal and theft. The matter was postponed to 10 July 2014. The accused is on bail. Evald Swartbooi (18) appeared on a charge of housebreaking with intent to steal and theft. The matter was post-
poned to 21 August 2014. The accused is in custody. Christa Geingos (25) appeared on a charge of malicious damage to property. Magistrate Andre Matulich found the accused guilty and gave a sentence of 1 month imprisonment or a fine of N$500. Karl Klitzke (35) and Philip Martin van der Westhuizen (32) appeared on charges of assault with intent to do grievous bodily harm. Magistrate Vicky Nicolaidis found the accused not guilty. Ivan Derick Beukes (41) appeared on a charge of fraud. The case was struck from the roll. Vilho Asino (36) appeared on a charge of housebreaking with intent to steal and theft. The matter was postponed to 25 June 2014. The accused is on bail. Jason Jason (20) appeared on a charge of robbery. The matter was postponed to 27 June 2014. The accused is on bail. Nelongo Johannes (47) appeared on charges of possession of a firearm without a license and possession of ammunition. Magistrate Vicky Nicolaidis found him guilty and gave sentence of 6 months imprisonment or a fine of N$2 000 and a sentence of 3 months imprisonment or
Madelaine Laubscher
REPORT
a fine of N$1 000. Kifayat Ullah (39) appeared on a charge of remaining in Namibia after expiration of employment permit. Magistrate Vicky Nicolaidis found the accused guilty and gave a sentence of 8 months imprisonment or a fine of N$5 000. Petrus Simasiku (39) appeared on a charge of impersonating a member of the Namibian Defence force. The matter was postponed to 24 July 2014. The accused is in custody.
25 June 2014
Brandon Kotze (34) appeared on a charge of attempted murder. The matter was postponed to 26 June 2014. The accused is on bail. Heinrich Edsel Smith (31) appeared on a charge of theft. The matter was postponed to 9 July 2014. The accused is on bail. Amon Naruseb (27) appeared on charges of theft. Magistrate Andre Matulich found the accused guilty and gave a sentence of 5 months imprisonment. Heinrich Smith (24), Lionel Kanandjembo (29) and a minor (17) appeared on a charge of housebreaking with intent to steal and theft. The matter was postponed to 14 July 2014. Smith and Kanandjembo are in custody. The charge against the minor
was withdrawn. Eslin Noble (26) appeared on a charge of assault with intent to do grievous bodily harm. The matter was postponed to 1 July 2014. The accused is in custody. Wilfried Gerhardus (38) appeared on charges of culpable homicide, reckless and negligent driving and driving under the influence of intoxicating liquor. The matter was postponed to 14 July 2014. The accused is on warning. Elizabeth Bongiwe Hajisi (37) appeared on charges of dealing of cocaine and dealing in dependence-producing substances. The matter was postponed to 26 June 2014. The accused is on bail. Ndijongere Kasiringua (18) appeared on a charge of rape. The matter was postponed to 4 September 2014. The accused is on bail. Jeremia Nashongo (20) and Jason Johannes Shitaleni (27) appeared on charges of housebreaking with intent to steal and theft. Co-accused Werner Shatika (23) was absent. The matter was postponed to 31 July 2014. Nashongo is in custody, Shitaleni is on warning and Shatika is at large.
Swakopmund Regional Court
Hascum Winckler (20) appeared on a charge of murder. He was found guilty of culpable homicide. The accused was sentenced to 8 years imprisonment, of which 2 years are suspended for 5 years. Thomas Asaacks (59) appeared on a charge of rape, alternatively having carnal intercourse with a girl younger than 16. The matter was postponed until 3 September 2014 for plea and trial (final remand). George Jose Silvesta Bloodstaan (20), Patrick Snewe (20), Censley !Nanuseb (29), Bonny F. Katamila (18), Julius Boicky Lenga (20), together with two minors appeared on charges of murder, attempted murder, and assault with the intent to do grievous bodily harm. This matter was post-
poned until 1 October 2014 for plea and trial. Marvin Uirab (20) and Randy Keister (25) appeared on a charge of murder. The matter was postponed until 16 September 2014 for plea and trial.
Magistrate’s Court
Monica Daniels (52) and Nono Noluthando (35) appeared on a charge of dealing in cocaine. The case against Daniels was withdrawn and the latter was found guilty and sentenced to a fine of N$3 000 or 12 months imprisonment. Donovan Haraseb (23) appeared on a charge of assault with the intent to do grievous bodily harm. This case was withdrawn, because the complainant was absent. Charlwin Hoebeb (30) appeared on a charge of fraud and the matter was postponed until 11 November 2014 for plea and
Thank you Since December 2013, the Walvis Bay Reaction Team, in association with the Meersig Neighbourhood Watch, received much needed donations that have helped to effectively serve the community.
Walvis Bay 24 June 2014
27 JUNE 2014
trial. Violet Taylor (28), Zelda Melody (33) and Natasha Noabes (25) appeared on a charge of theft. This matter was postponed until 1 September 2014 for legal representation. Clifford Bezuidenhoudt (44) was found guilty with evidence on a charge of theft. He was sentenced to 16 months imprisonment, which was suspended for 5 years, or a fine of N$4 000, suspended for 5 years. Ernesia Dausas (21) and Imelda Dausas (24) appeared on a charge of assault with the intent to do grievous bodily harm. The matter was postponed to 1 September 2014 for legal aid. Rayno Kubas (30) was found guilty on charges of reckless or negligent driving, failure to ascertain damages, and failure to report an accident. He
will be sentenced on 21 July 2014. Stanley Kahuure (38) was found guilty on a charge of assault and was sentenced to 6 months imprisonment or a fine of N$1 000. Karel Beukes (22) appeared on a charge of housebreaking with the intent to steal and theft. The matter was postponed until 27 November 2014 for plea and trial. Riaan Du Randt (29) appeared on a charge of impersonating a police officer. The matter was postponed until 23 July 2014 for legal representation (final remand). Pieter De Wet (29) appeared on charges of driving under the influence of intoxicating liquor and reckless or negligent driving. The matter was postponed until 22 October 2014 awaiting lab results.
A spokesperson from the Walvis Bay Neighbourhood Watch, Mr Riaan Archer, spoke to the namib times and expressed profound gratitude to the community. “The community contributed in great measure since December 2013 until now. Our team, in collaboration with the Walvis Bay Reaction team would like to thank those supporting us. Without your assistance it would have been impossible for us to serve the community productively. Since February up to the end of May only 50
burglaries were reported to us, which is already an improvement and only four of those were in Meersig,” he said. The watch group would like to express their thanks to Namsov, Trentyre, Walvis Bay Fitness Centre, Radio Electronic, Walvis Bay Self Service, West Coast Joinery Supplies, Performance Motors, Wesbank Transport, Protea Chemicals, Namib Offroad Centre, I-Consult, Walvis Electric, Namibia Electrical Distributors (NED), Naukluft Water, Potties Repairs (Gobabis), Baleia Do
Mar, Toyota Walvis Bay, Strauss Group, Safeware Namibia and Extreme Projects. The sponsors have donated vehicles, financial support, radios, fuel, repairs and maintenance on the vehicles, tyres and additional equipment. They also want to thank the sponsors that do not wish to be named. Mr Archer said that if anyone would like to make a contribution towards the team they should contact him personally and not accept any sponsorship letters that are not signed by him.
Noble denied bail again
Piquet Jacobs Mr Gavin Noble (53) was back in the Walvis Bay Magistrate's court on 18-19 June, for a bail application hearing. During last week’s trial proceedings, the defence argued that the cocaine was not found in Noble’s possession, but that it was placed in his vehicle thus making it difficult to tie up all the ends to the case. The case was also postponed because the last State witness, a reservist officer Mr Shaun Thomas, is currently at sea. On 13 October last year,
during a decoy operation by the police drug unit, Noble was arrested in Walvis Bay and allegedly caught with a total of 14 cocaine rocks with a street value of about N$1 000. Noble’s attorney, Mr Jan Wessels submitted a formal bail application on Friday, the fourth application submitted to date. Wessels said the State opposed previous appli-
cations for bail on the basis of a second, separate drug-related charge and the possibility that Noble will interfere with the police investigation and witnesses. The state again opposed the application, arguing that no new developments were considered and hence its decision to decline the latest application.
Winckler guilty of culpable homicide, begs for mercy
Court Reporter Walvis Bay resident Hascum Winckler was sentenced to an effective eight years in prison last Friday for the murder of 18-year old Freddie Gaseb in 2005. Winckler pleaded for mercy before the Swakopmund Regional Magistrate’s Court after he was found guilty of culpable homicide. Groans and cries of despair suddenly filled the somber courtroom, as Winckler’s family and friends in the gallery reacted as the sentence was pronounced. Having looked tense and frightened throughout the last day of proceedings, Winckler nearly collapsed in the dock when the sentence was read out: “Please, I can’t afford to go to prison,” he begged. Almost ten years after the incident, he was sentenced to eight years in prison, with two years suspended for five years, on condition that he does not commit such a violent offense again. The case stems from an incident that took place at Winckler’s house in Narraville, Walvis Bay on 21 December 2005. Winckler and Gaseb were involved in a fight and Gaseb died at the scene as a result of three stab wounds. The post mortem found that he had been stabbed in the head and chest and arm with such force that the blows caused a rib fracture, skull fracture and the muscle to protrude from the arm where he was stabbed. The court found though
that Winckler did not plan to murder Gaseb. Actually, Gaseb was the aggressor. He had entered Winckler’s yard and had taken money (N$20) belonging to Winckler, he damaged some property and attacked the accused, it was reported. There was also evidence that Gaseb, who was known in the area as a boxer, had previously assaulted Winckler, knocking out several of his teeth in the process. Winckler’s defense lawyer, Mr Chris Mayumbelo argued that his client had acted in self-defense after he was attacked by someone who was physically larger than him and who had previously assaulted him. Magistrate Gaynor Poulton, however found that although he was not the aggressor, in stabbing Gaseb the way he did, Winckler had exceeded the bounds of reasonable self-defense. Winckler, now 29 years old, was 20 at the time of the incident. He did not deny killing Gaseb, but he denied the intention to kill. In mitigation, his lawyer asked that it be taken into account that he is a first time offender, that he has had no brush with the law since the incident in question, that he is the sole breadwinner of his family, that he has three children
aged 11, 10, 4 and his wife is expecting another. Prosecutor Hermien Apollus asked the court to impose a custodial sentence. She said that while Winckler has had a chance to go on with his life and raise a family, Gaseb had been denied that right. His life was brutally cut short by the negligent actions of Winckler, she argued. “I will have to send you to prison,” Magistrate Poulton told him, after having weighed up all the evidence before the court. She said that considering the circumstances of the attack, the reaction of the accused, the weapon used and the way Gaseb was attacked, the court could not be satisfied with a fine for such a serious offense. “Justice must be seen to be done. The country is experiencing violent crimes at a frightening level, which give the impression that people do not respect life,” she said. Winckler had asked for a fine of no more than N$20 000, but the magistrate said “a fine would send out the wrong message”. “Sentencing must deter this kind of violent offense.” The courts must make it clear that “killing without thinking will not be tolerated or accepted,” Poulton said.