11 Jun 2013 07:50
WINDHOEK, 11 JUN(NAMPA) - Henties Bay resident Rafael Waterboer, who was last month found guilty of murdering his girlfriend in a vicious knife attack five years ago, has been sent to jail for an effective 32 years.
The 45-year-old Waterboer was sentenced by High Court Judge Naomi Shivute here on Tuesday morning after she found him guilty on the two counts of murder with a direct intent to kill and assault by threat last month.
On the first count of murdering his late girlfriend Katrina Theresia van Wyk on 31 March 2008, Waterboer was sentenced to 32 years? imprisonment.
On the same day, Waterboer assaulted Bernhardt Aubeb by threatening to stab him to death while holding a knife in his hand.
He was then sentenced to six months? imprisonment on this count, which was suspended in total for a period of three years on condition that Waterboer is not found guilty on an offence of assault by threat or any other related criminal offence.
?You (Waterboer) killed your late girlfriend while you were on several occasions warned by the members of the Namibian Police Force (NamPol) to stay away from her. The deceased person died at the hands of the convicted person who was supposed to offer protection for her. You physically abused the deceased. You first stabbed her with a knife on her arms and later on the neck and you left the knife stuck in her neck. This was a very cruel attack on the defenceless woman and your actions caused her death,? Judge Shivute stated.
She went on to say there is a persistent public outcry in the Namibian society for the courts to impose stiffer punishments for the cases of violence committed against women, children and all other vulnerable people in the country.
Waterboer was tried and sentenced in accordance with the provisions of the Combating of Domestic Violence Act, Act Four of 2003, which prescribes heavy punishment for any conviction in cases of domestic violence or related criminal offences.
Waterboer, who is a first-time offender, pleaded with the court to show some kind of mercy when imposing punishment.
He was born in the Outjo district in the Kunene Region and moved to Henties Bay where he made a living as a general worker earning a monthly salary of about N.dollars 300.
He attended school only up to Grade Seven and he is the father of a minor child who lives in the care of her mother at Henties Bay.
Evidence before trial had it that Waterboer and deceased Van Wyk were in an on-and-off relationship and on 31 March 2008, Waterboer went to the deceased person's shack in the Omdel residential areas at Henties Bay.
At the shack, the two started arguing and Waterboer stabbed her with a knife on her arms, causing her to flee from the shack.
He then followed her outside where he stabbed her in the neck. He left the knife stuck on her neck.
She died as a result of the stab wound on the neck.
In her judgement, Judge Shivute said there was an overwhelming probability that Waterboer killed the deceased person because of sheer jealousy as she did not wish to continue with the relationship and he accused her of having romantic relationships with other men.
Deputy Prosecutor-General Belinda Wantenaar represented the State.
Waterboer defended his own case at the end of the trial after he fired several State-appointed defence lawyers.
He told the court on Tuesday that he will approach the Windhoek High Court within the next 14 days in order to be allowed leave to appeal the imposed sentence of 23 years.