‘Baboon killer’ gets 10 years

OUTJO district farmer Rickus Spangenberg was sentenced to 10 years’ imprisonment yesterday for the killing of a trespassing suspected poacher at his father-in-law’s farm in April last year.

While Pieter Hendrik (‘Rickus’) Spangenberg (41) is unlikely to commit a similar offence, or any other offence for that matter, in the future, fairness requires that he be sent to jail for some time, Judge Sylvester Mainga remarked when he sentenced Spangenberg and a friend, Christiaan Johannes (‘Christo’) Ayres (40), in the High Court in Windhoek. Spangenberg was convicted of murder without a direct intention to kill and of attempting to defeat the course of justice.Ayres was convicted of attempting to defeat the course of justice.The charges flowed from the fatal shooting of the 26-year-old Evelino Jacob at the farm Zhukov West in the Outjo district on April 24 last year.Jacob was employed at a nearby farm, but found himself at a water point at Zhukov West as sunset was approaching on April 24.His life was about to come to a violent end.Judge Mainga reminded Spangenberg and Ayres yesterday that the court had found that Spangenberg, who was sitting on a raised hunting platform at the water post, had aimed and shot at an object that was about 135 metres away while foreseeing the possibility that the object could be a human being.Upon discovering that a man had been shot and killed, Ayres suggested that they should move the body elsewhere, the court heard during the trial.Jacob’s corpse was found next to a gravel road in the Otavi area, some 55 kilometres from the place where he had been shot, the next day.It was for the removal of the body that the two men were found guilty of attempting to defeat the course of justice.Evelino Jacob’s most fundamental human right – his right to life – was violated when he was killed, the Judge said.In addition to that, his right to dignity was further violated when his body was dumped.During the trial the court also heard testimony indicating that Jacob may have been on a poaching expedition.Wire snares used to trap animals were found in a bag that he had with him.Referring to this, Judge Mainga stated that the killing was not premeditated, as Spangenberg and Ayres had not set out hunting for poachers, but it happened on the spur of the moment.”The undisputed evidence is that deceased was on farm Zhukov West poaching or intending to poach but nevertheless did not deserve to be killed,” the Judge said He said both Spangenberg and Ayres had shown remorse.On several occasions when he testified, a tearful Spangenberg had to fight to keep his emotions under control, but, considering what he had told the court, Judge Mainga said it was his opinion that Spangenberg had not taken the court fully into his confidence.During the hearing of testimony before sentencing last week, a South African forensic criminologist, Dr Irma Labuschagne, told the Judge that she could not find any indication that either Spangenberg or Ayres was harbouring racist attitudes or that the offence had been committed out of racism.Still, Judge Mainga indicated, society was appalled when, after Jacob’s murder, it was reported that Spangenberg had explained that he thought he was shooting at a baboon.He added that in his view it was even worse that Jacob’s body was driven about 55 km and dumped.”That conduct alone calls for a custodial sentence.The conduct is inhumane, repulsive, especially if it comes from so-called stable families,” he commented.Spangenberg was sentenced to 14 years’ imprisonment, of which four years were suspended for a period of five years, on the murder charge.On the other charge he was sentenced to a two-year jail term, to be served concurrently with the effective ten-year term.Ayres was sentenced to a fine of N$10 000 or one year’s imprisonment, plus a further one-year term, suspended for five years.Spangenberg was convicted of murder without a direct intention to kill and of attempting to defeat the course of justice.Ayres was convicted of attempting to defeat the course of justice.The charges flowed from the fatal shooting of the 26-year-old Evelino Jacob at the farm Zhukov West in the Outjo district on April 24 last year.Jacob was employed at a nearby farm, but found himself at a water point at Zhukov West as sunset was approaching on April 24.His life was about to come to a violent end.Judge Mainga reminded Spangenberg and Ayres yesterday that the court had found that Spangenberg, who was sitting on a raised hunting platform at the water post, had aimed and shot at an object that was about 135 metres away while foreseeing the possibility that the object could be a human being.Upon discovering that a man had been shot and killed, Ayres suggested that they should move the body elsewhere, the court heard during the trial.Jacob’s corpse was found next to a gravel road in the Otavi area, some 55 kilometres from the place where he had been shot, the next day.It was for the removal of the body that the two men were found guilty of attempting to defeat the course of justice.Evelino Jacob’s most fundamental human right – his right to life – was violated when he was killed, the Judge said.In addition to that, his right to dignity was further violated when his body was dumped.During the trial the court also heard testimony indicating that Jacob may have been on a poaching expedition.Wire snares used to trap animals were found in a bag that he had with him.Referring to this, Judge Mainga stated that the killing was not premeditated, as Spangenberg and Ayres had not set out hunting for poachers, but it happened on the spur of the moment.”The undisputed evidence is that deceased was on farm Zhukov West poaching or intending to poach but nevertheless did not deserve to be killed,” the Judge said He said both Spangenberg and Ayres had shown remorse.On several occasions when he testified, a tearful Spangenberg had to fight to keep his emotions under control, but, considering what he had told the court, Judge Mainga said it was his opinion that Spangenberg had not taken the court fully into his confidence.During the hearing of testimony before sentencing last week, a South African forensic criminologist, Dr Irma Labuschagne, told the Judge that she could not find any indication that either Spangenberg or Ayres was harbouring racist attitudes or that the offence had been committed out of racism.Still, Judge Mainga indicated, society was appalled when, after Jacob’s murder, it was reported that Spangenberg had explained that he thought he was shooting at a baboon.He added that in his view it was even worse that Jacob’s body was driven about 55 km and dumped.”That conduct alone calls for a custodial sentence.The conduct is inhumane, repulsive, especially if it comes from so-called stable families,” he commented.Spangenberg was sentenced to 14 years’ imprisonment, of which four years were suspended for a period of five years, on the murder charge.On the other charge he was sentenced to a two-year jail term, to be served concurrently with the effective ten-year term.Ayres was sentenced to a fine of N$10 000 or one year’s imprisonment, plus a further one-year term, suspended for five years.

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