While Beukes (40) had been convicted of a serious offence, stated Judge Collins Parker with the sentencing, he had come to the conclusion that removing Beukes from society and putting him in prison would not be just and reasonable.

Judge Parker stated he was taking into account that Beukes is a first offender and that he is running a ship repair business at Walvis Bay that is employing more than 50 people.

If Beukes were to be sent to prison, it would be the end of that business, the Judge remarked: "If that happens the economic and social consequences for the accused and his employees and their families are too ghastly to contemplate."

Beukes was employed with Namdeb as a boilermaker when he was caught trying to take a parcel containing 149 unpolished diamonds out of the Oranjemund mining area on September 15 2004.

It was a very valuable parcel that Beukes was trying to smuggle out of the mining area.

The stones weighed a total of 214,89 carats, and were later valued at N$657 714,97.

During his trial before Judge Parker, Beukes pleaded not guilty to the main charge that he was facing, which was a count of theft of unpolished diamonds from Namdeb.

He however admitted guilt to an alternative charge of illegal possession of unpolished diamonds.

After the prosecution had led evidence in the trial and closed its case, Beukes's defence counsel, Gerson Hinda, also closed his case without presenting any evidence on Beukes's behalf to the court.

Beukes's strategy of exercising his right to silence on the theft charge paid off.

When he gave his verdict in the case on Tuesday last week, Judge Parker ruled that the prosecution had not proven that the diamonds that Beukes had with him when he was caught had been stolen from Namdeb, or that they had belonged to the company or been in its lawful possession before Beukes came into possession of the stones.

With the sentencing on Friday, Judge Parker agreed with State advocate Andrew Muvirimi that the interests of society demand that Beukes should be punished severely.

He added, however, that he also agreed with Hinda that the court "should not mete out a sentence just to please the public".

Judge Parker stated: "Indeed, a society consumed by outrage easily confuses punishment with revenge.

In my view, justice, which this court must render, is not always served by appeasing the populace."

He sentenced Beukes to pay a fine of N$100 000 or serve a four-year prison sentence, and to a further four-year jail term, which was suspended for five years on condition Beukes is not again convicted of the same crime in this period.

Beukes, who had been free on bail of N$80 000 since the day after his arrest, paid the fine on Friday.

Hinda represented Beukes on the instructions of Keetmanshoop lawyer Callie le Roux.

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