15 years for killing man over beer

By Eliaser Ndeyanale

THREE men from Ombundamuti in Omusati region who fatally assaulted a 28 year-old man at Okeeke about two years ago for allegedly drinking their drinks were last week sentenced to 15 years each in prison.

Shetunyenga Isaska, Shipingana Erickson Eelu and Kapolo Augustitus Kampolo were convicted of murder by Magistrate Lazarus Amutse in the Oshakati Magistrates Court on Friday.

According to court documents, the trio unlawfully and intentionally assaulted Endjele Lambestus Martin Nambala by kicking and punching him all over his body, thereby inflicting upon him certain injuries as a result of which Nambala died on 15 January 2017.

Court documents also indicated that the fight broke out when Nambala, who was not known to the three, reportedly came to a table where they were seated and started drinking their drinks.

During the trial the three pleaded not guilty to the charge of murder.

In testimony, Shetunyenga who is accused number one in the case, denied that he beat up the deceased. “I only saw accused (Kampolo) and the deceased fighting,” he said. Eelu also said that he did not fight Nambala as he only separated Kampolo and the deceased. Kampolo too denied that he and the deceased fought. He said he only pushed him.

According to the medical examination report signed by Dr Archibald Masiya, upon arrival at the hospital the day he was assaulted on 13 January 2017, the deceased had severe blood stains and his clothes looked dirty. “Found semi-conscious by the police hanging from the car window. Suspected assault and intoxication. Small wounds below the lower lips, small laceration above left eye.”

Before the judgment, Shetunyenga asked for a lenient sentence because he lives with his grandmother and small kids and he is the only one helping her. “I am requesting the court to be merciful by giving me a soft sentence. The court should forgive me. I feel bad for what I did,” he said.

Eelu wanted to be given a fine or suspended sentence so he could go and help his family with cooking and looking after animals. However, Amutse asked the accused if he did not think that he (Eelu) was a threat to society if released on a fine, to which Eelu responded that he was not.

On his part, Kampolo also requested a lenient sentence because he lives with elderly people, who are 100 and 90 years old. He said he is also a father of four kids, aged 12, five, three and one.

“When I was not in jail, I had employed a domestic worker to look after them. I am asking for a suspended sentence. I can even clean a police station as a punishment because I did not do it on purpose … I did not intend to kill,” he pleaded.

State Prosecutor Nelao ya France countered the three’s submissions, saying they assaulted the deceased intentionally and therefore there was no need for the court to grant them a fine or lenient sentence. Amutse agreed that murder is a serious crime and that people who commit such crimes should not be treated with kid gloves.