05 Sep 2015 12:00pm
WINDHOEK, 05 SEP (NAMPA) - Three men found guilty of killing the owner of HAMS Security company in November 2009, were each sentenced to long prison terms by the High Court here on Friday.
The trio - Willem Kawulefelwa Valombola, 38; Toivo Kashipolo, 31; and Otjiwarongo resident Fillipus Shishiveni Nomongula, 32 - were each sentenced after they were found guilty on 06 July this year 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 that took place along Iscor Street in the Northern Industrial Area.
Valombola was sentenced to a total of 60 years and nine months imprisonment, while Kashipolo got a jail term of 55 years and nine months. Nomongula was sentenced to a total of 57 years and nine months.
High Court Judge Naomi Shivute, who presided over the trial, imposed the heavy custodial terms on Friday morning.
On the first charge of murder with direct intention to kill, Valombola got a prison term of 30 years, while Kashipolo and Nomongula were each sentenced to 25 years imprisonment.
On the second count of robbery with aggravating circumstances, Valombola and Kashipolo were each sent to jail for 15 years, while Nomongula was sentenced to 17 years imprisonment.
However, five years of the sentences imposed on this count were ordered to run concurrently with the sentence imposed of the first count of murder with intention to kill.
All the three men were each sentenced to 10 years imprisonment on each of the third and fourth counts of attempted murder.
This means that each of them got a total 20 years in respect of the two counts.
On the last and fifth count of illegal possession of a firearm (.38 special revolver) without having a valid licence to possess such a firearm, the trio was each sentenced to 18 months of which nine months were ordered to run concurrently with the sentences imposed on the fourth count of attempted murder.
In addition, the Court ordered that two firearms belonging to Martha Diergaardt and HAMS Security company be returned to the owners, while a third firearm found in possession of Kashipolo was forfeited to State coffers.
It was further ordered that a metallic blue BMW sedan that was used as a get away vehicle after the armed robbery should be forfeited to the State coffers.
Each of the three men was declared unfit to possess a firearm for a period of two years from the time of having served their time in prison.
These crimes were committed by the three men out of greed for money. You showed no genuine remorse for the crimes you committed.
The murder of Andries de Jager was committed with an actual intention to kill and you showed no mercy to the victims, said Judge Shivute.
The three men were found guilty and punished as charged because they acted in common purpose before, during and after the commission of the crime.
According to evidence presented before court during trial, Valombola was the driver and owner of the get-away vehicle after the armed robbery.
Kashipolo was the person who fired the shots that claimed De Jagers life and 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 N.dollars 172 488.10, which was in De Jagers possession at the time of the incident.
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.
Government sponsored defence lawyers; Christian Nambahu, Petrus Elago and Monty Karuaihe defended the three on the instructions of the Justice Ministry's Directorate of Legal Aid.
Evidence presented during the trial had it that 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 was recovered at the scene.
State Advocate Ethel Ndlovu appeared for the prosecution.