3-year jail term given for shooting

A LATE-NIGHT shooting incident that had tragic consequences when it left a young Windhoek resident paralysed in December 2003 resulted in a 32-year-old father of three children being sent to prison for three years last week.

The life of Llewellyn Claaste was changed forever in the early morning hours of December 20 2003. Claaste, then a young man of 19, was in the vicinity of Club Remix in Chrysler Street in Khomasdal between 01h00 and 02h00 that morning, when he was hit by one of seven shots fired from a 9 mm pistol.Claaste was struck in the neck.The shooting left him unable to use his legs, he is now in a wheelchair.Firing the pistol that night was Nico Carl Bosch.On Tuesday last week, Bosch went off to prison to start serving a three-year jail term.Bosch stood trial in the Windhoek Magistrate’s Court in Katutura on two charges of attempted murder, alternatively negligent discharge of a firearm, and a third count of illegal possession of a firearm.He was sentenced after Magistrate Leah Shaanika convicted him on one of the attempted murder charges, relating to the shooting of Claaste, and on the count of possessing an unlicensed firearm.On the attempted murder charge, she sentenced him to three years’ imprisonment.She also sentenced him to pay a fine of N$4 000 or serve a further two-year jail term for the illegal possession of the firearm.Bosch pleaded not guilty to all the charges on August 22 last year.His defence, the Magistrate said in her judgement on Tuesday, was in essence that he had acted in self-defence when he fired the shots.She remarked that according to testimony heard during the trial, Claaste had a mechanical problem with his bakkie that night.Eventually an attempt was made to push-start the vehicle.During this attempt, the bakkie bumped against the mirror of another car, belonging to one Ludwig van Wyk, that was standing nearby.Claaste and Van Wyk started talking about this event, and Claaste then said he would turn his bakkie around before they continued with their discussion, the Magistrate related the evidence.As he started driving, Van Wyk threw a bottle at the bakkie.The bottle smashed to pieces, and then Bosch pulled out his gun and fired off a succession of seven shots, Magistrate Shaanika recounted the evidence.One of the shots struck Claaste in the neck where he was still seated in the driver’s seat of the bakkie.Van Wyk, who was a friend of Bosch, was also struck in one of his arms.During Bosch’s trial, Van Wyk however testified that he and Bosch were friends and that he never gave a statement to the Police or laid a charge against Bosch.As a result of this testimony, Magistrate Shaanika acquitted Bosch on the charge in which he was accused of having attempted to murder Van Wyk.Van Wyk has in the meantime been killed in another shooting incident, the court has been informed.On the attempted murder charge relating to Claaste, Magistrate Shaanika said the main question that had to be determined was what Bosch was trying to defend when he said he was acting in self-defence as he fired the shots.There was no evidence that there was any attack or imminent attack on Bosch, she noted.The evidence showed that his conduct could not in any way have been an act of private defence, she said.With the first shot that he fired, it could still be said that Bosch was trying to stop the vehicle, but it was clear from photographs taken at the scene, especially of the vehicle that Claaste had been in, that the additional shots that were fired were also aimed at parts of the car like the driver’s cabin and windows, she noted.It was obvious that these shots were meant not only to stop the vehicle, but also to stop the live human being who was in the car, she said.Bosch had fired off the shots carelessly, she said in her judgement.He had taken the law into his own hands by going on a shooting rampage, she commented further during the sentencing.Claaste told the court that he had been working as a panelbeater before he was shot, Public Prosecutor Arrie Husselmann reminded the Magistrate before the sentencing.Having lost the use of his legs, he is now unable to continue with that line of work, and is entirely reliant on his parents and relatives, Husselmann said.Except for handing Bosch the prison term and fine, Magistrate Shaanika also declared him unfit to possess a firearm for the next three years.Claaste, then a young man of 19, was in the vicinity of Club Remix in Chrysler Street in Khomasdal between 01h00 and 02h00 that morning, when he was hit by one of seven shots fired from a 9 mm pistol.Claaste was struck in the neck.The shooting left him unable to use his legs, he is now in a wheelchair.Firing the pistol that night was Nico Carl Bosch.On Tuesday last week, Bosch went off to prison to start serving a three-year jail term.Bosch stood trial in the Windhoek Magistrate’s Court in Katutura on two charges of attempted murder, alternatively negligent discharge of a firearm, and a third count of illegal possession of a firearm.He was sentenced after Magistrate Leah Shaanika convicted him on one of the attempted murder charges, relating to the shooting of Claaste, and on the count of possessing an unlicensed firearm.On the attempted murder charge, she sentenced him to three years’ imprisonment.She also sentenced him to pay a fine of N$4 000 or serve a further two-year jail term for the illegal possession of the firearm.Bosch pleaded not guilty to all the charges on August 22 last year.His defence, the Magistrate said in her judgement on Tuesday, was in essence that he had acted in self-defence when he fired the shots.She remarked that according to testimony heard during the trial, Claaste had a mechanical problem with his bakkie that night.Eventually an attempt was made to push-start the vehicle.During this attempt, the bakkie bumped against the mirror of another car, belonging to one Ludwig van Wyk, that was standing nearby.Claaste and Van Wyk started talking about this event, and Claaste then said he would turn his bakkie around before they continued with their discussion, the Magistrate related the evidence.As he started driving, Van Wyk threw a bottle at the bakkie.The bottle smashed to pieces, and then Bosch pulled out his gun and fired off a succession of seven shots, Magistrate Shaanika recounted the evidence.One of the shots struck Claaste in the neck where he was still seated in the driver’s seat of the bakkie.Van Wyk, who was a friend of Bosch, was also struck in one of his arms.During Bosch’s trial, Van Wyk however testified that he and Bosch were friends and that he never gave a statement to the Police or laid a charge against Bosch.As a result of this testimony, Magistrate Shaanika acquitted Bosch on the charge in which he was accused of having attempted to murder Van Wyk.Van Wyk has in the meantime been killed in another shooting incident, the court has been informed.On the attempted murder charge relating to Claaste, Magistrate Shaanika said the main question that had to be determined was what Bosch was trying to defend when he said he was acting in self-defence as he fired the shots.There was no evidence that there was any attack or imminent attack on Bosch, she noted.The evidence showed that his conduct could not in any way have been an act of private defence, she said.With the first shot that he fired, it could still be said that Bosch was trying to stop the vehicle, but it was clear from photographs taken at the scene, especially of the vehicle that Claaste had been in, that the additional shots that were fired were also aimed at parts of the car like the driver’s cabin and windows, she noted.It was obvious that these shots were meant not only to stop the vehicle, but also to stop the live human being who was in the car, she said.Bosch had fired off the shots carelessly, she said in her judgement.He had taken the law into his own hands by going on a shooting rampage, she commented further during the sentencing.Claaste told the court that he had been working as a panelbeater before he was shot, Public Prosecutor Arrie Husselmann reminded the Magistrate before the sentencing.Having lost the use of his legs, he is now unable to continue with that line of work, and is entirely reliant on his parents and relatives, Husselmann said.Except for handing Bosch the prison term and fine, Magistrate Shaanika also declared him unfit to possess a firearm for the next three years.