03 Sep 2015 12:20pm
WINDHOEK, 03 SEP (NAMPA) - Three men found guilty in July this year of killing the owner of HAMS Security company in November 2009, will be sentenced by the High Court here on Friday.
The group previously appeared on 03 August this year before presiding Judge Naomi Shivute, when they were informed that their case was to be remanded until 04 September this year for the purpose of sentencing.
The trio - Willem Kawulefelwa Valombola, 38; Toivo Kashipolo, 31; and Otjiwarongo resident Fillipus Shishiveni Nomongula, 32 - were each found guilty on five charges in connection with the death of Andries de Jager, the owner of HAMS Security, in Windhoek on 02 November 2009.
The 68-year-old De Jager was fatally shot during an armed robbery incident that took place along Iscor Street in the Northern Industrial Area.
On 06 July 2015, the three men were each found guilty on a charge of murder with direct intent to kill; robbery with aggravating circumstances; two counts of attempted murder; and illegal possession of a firearm (.38 special revolver) without having a valid licence to possess such a firearm.
The group was, however, acquitted on a sixth count of illegal possession of various unspecified amounts of ammunition without having firearms capable of firing such ammunition, as the State could not prove this count beyond a reasonable doubt.
The three men were found guilty as charged because they acted in common purpose before, during and after the commission of the crime.
According to Judge Shivute and evidence presented before court during trial, Valombola was the driver of his own metallic blue BMW sedan that was used as a get-away vehicle after the armed robbery.
Kashipolo was the person who fired the shots that claimed De Jagers life.
He was arrested on the scene of the crime after he was shot and wounded during a shoot-out with other HAMS security officers and members of the Namibian Police Force's Reserve Unit.
Kashipolo was also the person who took a briefcase containing an amount of N.dollars 172 488.10, which was in De Jagers possession at the time of the incident.
Otjiwarongo resident Nomongula was implicated in the incident after the wounded Kashipolo informed police investigating officers, whilst he was receiving medical attention at the Katutura State Hospital, that Nomongula had enticed him to get involved in the incident.
According to evidence before court, Nomongula was also at the scene of the crime and was the person who fired some shots at the HAMS security company's pick-up that was carrying security guards during the incident.
Nomongula then escaped from the scene of the crime in a taxi.
His fingerprints were, however, lifted from the BMW sedan some days before his arrest.
I am satisfied that all three accused persons made a common course with each other to commit the crime. Each of the three accused persons was present at the scene of crime. The three had armed themselves with firearms to commit the crime, said Shivute when she handed down the verdict.
Government-sponsored defence lawyers Christian Nambahu, Petrus Elago and Monty Karuaihe are defending the three on the instructions of the Justice Ministry's Directorate of Legal Aid.
Valombola has been free on bail of N.dollars 1 000, and his bail was on 06 July 2015 cancelled and ordered to be forfeited to the State coffers.
The trio now remains in police custody at the Windhoek Correctional Facility's holding cells until 04 September this year awaiting sentencing.
According to evidence presented during the trial, De Jager and one of his security guards were attacked by the now-convicted three men upon their return from a bank, where they had gone to collect money to pay the wages of HAMS Security employees.
The N.dollars 172 488.10 which was stolen from the two victims was recovered at the scene.
State Advocate Ethel Ndlovu is appearing for the prosecution.