18 years for New Year’s Eve murder

THE murder that former Rundu resident Manuel Alberto da Silva committed when he shot his girlfriend several times in the head in Windhoek on New Year’s Eve 2003 could cost him more than 20 years of his freedom.

Judge Collins Parker sentenced Da Silva (30) to 18 years’ imprisonment yesterday for the murder of Monaliza de Kock. Da Silva has been in custody for three years and almost eight months since his arrest at a Police roadblock near Rundu on the day after the murder.As a result, the sentence that he received in the High Court in Windhoek could mean that he would end up spending more than 20 years behind bars if he serves his prison term in full.Da Silva was again wearing a black mourning band on his left upper arm yesterday – an accessory that he has sported since the start of his trial in June.In court, he appeared placid, polite and quiet, but once the sentence had been imposed and Police officers started escorting a handcuffed Da Silva to a Police van to take him to prison, the explosive temper alluded to during the trial reared its head.Da Silva tried to hit out at reporters and television cameramen who were photographing and filming him and managed to kick a female reporter, as he let off a torrent of foul-mouthed swearing at the media pack.De Kock was 23 years old when she was killed.She and Da Silva were involved in a relationship, from which a daughter was born about a year before her death.Their relationship was falling apart in the days leading up to her death, according to the picture that emerged before Judge Parker during Da Silva’s trial.On the evening of December 31 2003, De Kock insisted she wanted to go to a New Year’s party – but she did not want Da Silva to accompany her.He nevertheless followed her to the grounds of Ella du Plessis High School in Khomasdal, where a final argument erupted between him and De Kock, Judge Parker heard during the trial.Hard and hurtful words were exchanged – as Da Silva told it to the Judge – finally telling Da Silva that he could go ahead and kill himself.At that stage Da Silva suspected that De Kock was going to meet another man with whom he suspected she was having an affair.Enraged and, according to Da Silva himself, in a state of emotional turmoil, he took out a stolen .22 revolver he had with him and shot De Kock four times in the head, the Judge found in his judgement.The Judge found that Da Silva had been spurred on by anger, humiliation and frustration when he fired those bullets into the head of the woman he claimed to have loved.He then fled, making his way to the house where he and De Kock had been staying with some of her relatives in the preceding days.There, Da Silva hid the murder weapon and then joined a braai hosted by De Kock’s relatives.He ate and drank something before he retired for the night.The next day, he took a bus to Rundu, where he was to be arrested with the murder weapon still in his luggage.”In my view, the murder was violent, callous and brutal if one took into account the fact that the deceased was unarmed and defenceless against the accused’s onslaught,” Judge Parker stated yesterday.While the killing was planned in the sense that Da Silva formulated the decision to kill De Kock when he realised he had lost her to someone else, the Judge accepted it was not premeditated or committed for gain.Judge Parker said he had taken into account “the taunts, insults and humiliation” suffered by Da Silva at the hands of De Kock: “I find that all this could have emotionally affected and disturbed the accused, resulting in the accused killing the deceased.”He accepted Da Silva’s emotional state as an extenuating circumstance, the Judge added.”Murders committed in circumstances of broken-down love relationships, as in the present case, draw a great deal of interest in the community mainly because they have been happening far too often for the community’s liking,” he commented.”Such murders are repulsive because, in most cases, innocent lives of young and productive members of the community are snuffed out by such senseless killings.”There is no evidence that Da Silva is a danger to society, though, the Judge further remarked.He added that Da Silva “appeared to have accepted some responsibility – moral at least, if not legal – for the incident and has shown some measure of regret and remorse for the killing”.He had written letters of contrition to De Kock’s family, and they have responded and “with great fortitude and commendable magnanimity, shown compassion towards someone who killed their daughter”, Judge Parker noted.Except for the 18-year prison term on the murder charge, he also sentenced Da Silva to 12 months’ imprisonment on two additional charges of illegal possession of the .22 revolver and ammunition.That term runs concurrently with the 18-year sentence.Da Silva was further declared unfit to possess a firearm for a period of 23 years.Defence lawyer Ivo dos Santos represented Da Silva during the trial.State advocate Dominic Lisulo prosecuted.Da Silva has been in custody for three years and almost eight months since his arrest at a Police roadblock near Rundu on the day after the murder.As a result, the sentence that he received in the High Court in Windhoek could mean that he would end up spending more than 20 years behind bars if he serves his prison term in full.Da Silva was again wearing a black mourning band on his left upper arm yesterday – an accessory that he has sported since the start of his trial in June.In court, he appeared placid, polite and quiet, but once the sentence had been imposed and Police officers started escorting a handcuffed Da Silva to a Police van to take him to prison, the explosive temper alluded to during the trial reared its head.Da Silva tried to hit out at reporters and television cameramen who were photographing and filming him and managed to kick a female reporter, as he let off a torrent of foul-mouthed swearing at the media pack.De Kock was 23 years old when she was killed.She and Da Silva were involved in a relationship, from which a daughter was born about a year before her death.Their relationship was falling apart in the days leading up to her death, according to the picture that emerged before Judge Parker during Da Silva’s trial.On the evening of December 31 2003, De Kock insisted she wanted to go to a New Year’s party – but she did not want Da Silva to accompany her.He nevertheless followed her to the grounds of Ella du Plessis High School in Khomasdal, where a final argument erupted between him and De Kock, Judge Parker heard during the trial.Hard and hurtful words were exchanged – as Da Silva told it to the Judge – finally telling Da Silva that he could go ahead and kill himself.At that stage Da Silva suspected that De Kock was going to meet another man with whom he suspected she was having an affair.Enraged and, according to Da Silva himself, in a state of emotional turmoil, he took out a stolen .22 revolver he had with him and shot De Kock four times in the head, the Judge found in his judgement.The Judge found that Da Silva had been spurred on by anger, humiliation and frustration when he fired those bullets into the head of the woman he claimed to have loved.He then fled, making his way to the house where he and De Kock had been staying with some of her relatives in the preceding days.There, Da Silva hid the murder weapon and then joined a braai hosted by De Kock’s relatives.He ate and drank something before he retired for the night.The next day, he took a bus to Rundu, where he was to be arrested with the murder weapon still in his luggage.”In my view, the murder was violent, callous and brutal if one took into account the fact that the deceased was unarmed and defenceless against the accused’s onslaught,” Judge Parker stated yesterday.While the killing was planned in the sense that Da Silva formulated the decision to kill De Kock when he realised he had lost her to someone else, the Judge accepted it was not premeditated or committed for gain.Judge Parker said he had taken into account “the taunts, insults and humiliation” suffered by Da Silva at the hands of D
e Kock: “I find that all this could have emotionally affected and disturbed the accused, resulting in the accused killing the deceased.”He accepted Da Silva’s emotional state as an extenuating circumstance, the Judge added.”Murders committed in circumstances of broken-down love relationships, as in the present case, draw a great deal of interest in the community mainly because they have been happening far too often for the community’s liking,” he commented.”Such murders are repulsive because, in most cases, innocent lives of young and productive members of the community are snuffed out by such senseless killings.”There is no evidence that Da Silva is a danger to society, though, the Judge further remarked.He added that Da Silva “appeared to have accepted some responsibility – moral at least, if not legal – for the incident and has shown some measure of regret and remorse for the killing”.He had written letters of contrition to De Kock’s family, and they have responded and “with great fortitude and commendable magnanimity, shown compassion towards someone who killed their daughter”, Judge Parker noted.Except for the 18-year prison term on the murder charge, he also sentenced Da Silva to 12 months’ imprisonment on two additional charges of illegal possession of the .22 revolver and ammunition.That term runs concurrently with the 18-year sentence.Da Silva was further declared unfit to possess a firearm for a period of 23 years.Defence lawyer Ivo dos Santos represented Da Silva during the trial.State advocate Dominic Lisulo prosecuted.