Child murder trial ends in 15-year term

A MURDER that he was accused of committing when he was still 19 years old could end up costing convicted child killer Deon Engelbrecht more than 20 years of his freedom.

Having already spent more than five years and three months in custody, the 24-year-old Engelbrecht was sentenced to a 15-year prison term when his trial came to an end before Judge Nate Ndauendapo in the High Court in Windhoek yesterday.Judge Ndauendapo convicted Engelbrecht on a charge of murder on March 6. In the same judgement, he acquitted Engelbrecht on an additional count of rape and three alternative charges in which it was alleged that Engelbrecht had committed a sexual or indecent act with a child under the age of 16.Engelbrecht was arrested on December 23 2003 – the same day that the partly naked body of a 14-year-old boy, Christo Moshoeshoe, was found near a railway line at the Gammams Training Centre in Windhoek’s Southern Industrial Area.Moshoeshoe had died from head injuries, which included a fractured skull. In his judgement, Judge Ndauendapo concluded that a bloodstained piece of paving brick and a heavy piece of cement kerbstone, which weighed more than 18 kg, had been used to kill Moshoeshoe.Engelbrecht pleaded not guilty at the start of his trial almost two months ago.The main part of the trial was spent on a hearing to determine whether a confession that Engelbrecht made to a Police officer on the evening of December 23 2003 could be accepted as evidence in the trial.After Judge Ndauendapo ruled that the statement would be accepted as evidence, Engelbrecht did not testify in his own defence.In the confession, Engelbrecht related that he, Moshoeshoe and another person had been smoking mandrax on the day of the incident. Moshoeshoe was heavily affected by the drug and was left lying at the scene where they had been smoking the mandrax when Engelbrecht and the other person left the scene, he related.Engelbrecht recounted that he later decided to return to the scene, and that he ‘got an idea’ to sodomise Moshoeshoe as he walked up to him.Having committed that sexual act with the boy, Moshoeshoe started swearing at him, Engelbrecht stated.’I took a stone and threw it against his head,’ he recounted the events.’He as a result fell down. I then took a bigger stone and threw it on his head. ‘I noticed him lying still. I took a bag, ‘goiing’ (hessian), and pulled it over him.’I then left to town.’Further on in the confession Engelbrecht added: ‘All I can say is that I was under the influence of drugs.’Because, except for Engelbrecht’s claim in the confession, there was no other evidence that indicated that Moshoeshoe had indeed been sexually assaulted, Engelbrecht was acquitted on the rape charge and the alternative charges under it.During the sentencing yesterday Judge Ndauendapo said he was mindful of Engelbrecht’s youthful age when the murder was committed. He added that there was also evidence that Engelbrecht had smoked dagga and mandrax before the killing happened. The court could not ignore the fact that the use of these drugs must have had an effect on Engelbrecht, the Judge said.The way in which Moshoeshoe was killed was an aggravating fact, he added.Noting that a paving brick and kerb stone, together weighing some 19,5 kg, were used to murder Moshoeshoe, Judge Ndauendapo commented: ‘He was a child and totally defenceless.’In circumstances like in this case, society is calling on the courts to send out a clear message that people who commit this sort of crime would be removed from the community, he said.Defence counsel Winnie Christians represented Engelbrecht during the trial. State advocate Andrew Muvirimi conducted the prosecution.werner@namibian.com.na