A MAN who claimed he shot his girlfriend in self-defence when she wanted to stab him with a broken bottle has been sentenced to 28 years’ imprisonment at the end of his trial in the High Court sitting at Katima Mulilo.
Judge president Petrus Damaseb also sentenced Erwin Frans (35) to five years’ imprisonment on a charge of attempted murder, 12 months in jail on a count of assault with intent to do grievous bodily harm, a jail term of 12 months for negligently discharging a firearm, a two-year prison term for the illegal possession of a firearm, and 12 months in prison for the illegal possession of ammunition.
All of the sentences, except those on the charges of murder and possession of a firearm without a licence, were ordered to be served concurrently, leaving Frans with an effective prison term of 30 years.
Damaseb further declared Frans unfit to possess a firearm for five years from the day of his release or from the day he may be released on parole.
During his trial, Frans claimed he acted in self-defence when he shot his girlfriend, Mwaka Dorothy Kopelo, with a pistol, killing her, at Katima Mulilo on 12 February 2021.
The fatal shooting was preceded by an argument between Frans and Kopelo.
Damaseb convicted Frans on six charges on Thursday last week, after finding that when Frans re-entered a room where he and Kopelo had been quarrelling and he had been injured, he did so intent on exacting revenge.
Kopelo was shot dead after he had entered the room.
During Frans’ sentencing on Friday, Damaseb remarked that he killed Kopelo in cold blood with a weapon he possessed unlawfully.
He added that Frans betrayed the love Kopelo had for him.
Kopelo was the mother of two children, now 10 and seven years old, respectively.
Damaseb also remarked during the sentencing that Frans has not shown remorse for the hurt and suffering he caused Kopelo’s family.
He said Kopelo was an exceptional woman who acquired a qualification in welding from a vocational training centre to improve her circumstances, and who set a shining example for other women.
Frans ended the hopes for the future that Kopelo must have had for herself, Damaseb said.
He further observed that Frans, who ran away from the scene after the shooting, surrendered to the police only after six days.
With the firearm that Frans used when he killed Kopelo not found since the incident, Damaseb said: “That weapon is now most probably in the wrong hands and continues to pose a serious danger to the community.”
Damaseb also observed that Frans had a previous encounter with the law, having been convicted of housebreaking.
After serving a prison term, he was released in 2019.
Damaseb stated: “The view I take of you is that you are a danger to society. Society is and will be unsafe with you in its midst . . . You certainly feel self-pity for the fate that awaits you, but you have no repentance for your actions.”
He continued: “You deserve a form of punishment that removes you from society for a substantial length of time. Long enough for you to benefit from the reformation and rehabilitation programmes offered by the correctional service, but of such duration that at some point they can assess whether you are fit to be returned to normal life.”
The prosecution was represented by state advocate Timo Itula, while legal aid lawyer Moowa Chaka represented Frans.
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