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Kaulinge gets 3-year jail term

Kaulinge gets 3-year jail term

A YOUNG resident of an Ohangwena Region village on Thursday broke down in tears in the High Court at Oshakati when she received a three-year prison term for the role that she played in the death of her newborn baby some three and a half years ago.

Judge Louis Muller sentenced 23-year-old Esther Kaulinge after convicting her on charges of culpable homicide and concealment of birth. On the count of culpable homicide, Kaulinge was sentenced to five years’ imprisonment, of which two years have been suspended for a period of five years.On the charge of concealment of birth, on which Kaulinge had pleaded guilty, she received a six-month jail term, which the Judge ordered should be served concurrently with the effective three-year prison term on the first count.Kaulinge, from the village Onekwaya West in the Ohangwena Region, was accused of killing her newborn baby girl during the night between August 21 and 22 2003.Kaulinge had been charged with counts of murder and concealment of birth.In her plea at the start of her trial on Tuesday, she denied the murder charge, but admitted that she buried her baby in a shallow grave at the village just after birth.She told the court that she gave birth while standing up.The baby dropped to the ground and it is possible that the baby died because of that fall, because when she touched her the baby was dead already, Kaulinge stated.In Kaulinge’s plea that her defence lawyer, Godfrey Bondai, handed to Judge Muller, Kaulinge stated that she fell pregnant as a result of a relationship with a fellow student.She said she didn’t disclose the pregnancy to anybody.During the night from August 21 to 22 2003, whilst sleeping with her aunt, she experienced labour pains and went out to a nearby mahangu field nearby where she gave birth, she stated.She was standing during the birth, and the baby dropped to the ground, Kaulinge claimed.She said the baby was dead and she placed its body under a marula tree and covered it with soil.She said that she did not tell anyone about the birth of the child until the body of the infant was discovered.It was found that the baby had suffered head injuries.When asked, she admitted that the baby’s head could have been injured in the process.She also told the court that the baby did not cry like newborn babies usually do.According to her, the baby also did not move or show any sign of life.She told the court that it had been a stillbirth.In his testimony, Dr Jose Mendez from the Oshakati State Hospital told the court that it is possible that the baby could have died because its head struck the ground when Kaulinge gave birth standing up.In his judgement, Judge Muller agreed that it is possible that the baby died because of the fall, and that this could not be seen as murder but rather as a death that resulted from the negligence of the young mother.Bondai told the court that Kaulinge was a student at Namcol when she became pregnant.She comes from a family of 13 children and is the only one who was working – at a shop where she earned a salary of only N$350 a month – and who at times supported some of her sisters and brothers at school, the court was told.Deputy Prosecutor General Heidi Jacobs told the Judge that though Kaulinge might have been negligent with the handling of the baby at birth, she contributed to the loss of the life of a human being and should get a severe sentence that would show society that what she had done was an offence.When sentencing her, Judge Muller told Kaulinge that he would impose a sentence that would send a message to other members of society who might try to do the same as Kaulinge had done.Having heard that she will spend three years in prison, Kaulinge started crying.On the count of culpable homicide, Kaulinge was sentenced to five years’ imprisonment, of which two years have been suspended for a period of five years.On the charge of concealment of birth, on which Kaulinge had pleaded guilty, she received a six-month jail term, which the Judge ordered should be served concurrently with the effective three-year prison term on the first count.Kaulinge, from the village Onekwaya West in the Ohangwena Region, was accused of killing her newborn baby girl during the night between August 21 and 22 2003.Kaulinge had been charged with counts of murder and concealment of birth.In her plea at the start of her trial on Tuesday, she denied the murder charge, but admitted that she buried her baby in a shallow grave at the village just after birth.She told the court that she gave birth while standing up.The baby dropped to the ground and it is possible that the baby died because of that fall, because when she touched her the baby was dead already, Kaulinge stated.In Kaulinge’s plea that her defence lawyer, Godfrey Bondai, handed to Judge Muller, Kaulinge stated that she fell pregnant as a result of a relationship with a fellow student.She said she didn’t disclose the pregnancy to anybody.During the night from August 21 to 22 2003, whilst sleeping with her aunt, she experienced labour pains and went out to a nearby mahangu field nearby where she gave birth, she stated.She was standing during the birth, and the baby dropped to the ground, Kaulinge claimed.She said the baby was dead and she placed its body under a marula tree and covered it with soil.She said that she did not tell anyone about the birth of the child until the body of the infant was discovered.It was found that the baby had suffered head injuries.When asked, she admitted that the baby’s head could have been injured in the process.She also told the court that the baby did not cry like newborn babies usually do.According to her, the baby also did not move or show any sign of life.She told the court that it had been a stillbirth.In his testimony, Dr Jose Mendez from the Oshakati State Hospital told the court that it is possible that the baby could have died because its head struck the ground when Kaulinge gave birth standing up.In his judgement, Judge Muller agreed that it is possible that the baby died because of the fall, and that this could not be seen as murder but rather as a death that resulted from the negligence of the young mother.Bondai told the court that Kaulinge was a student at Namcol when she became pregnant.She comes from a family of 13 children and is the only one who was working – at a shop where she earned a salary of only N$350 a month – and who at times supported some of her sisters and brothers at school, the court was told.Deputy Prosecutor General Heidi Jacobs told the Judge that though Kaulinge might have been negligent with the handling of the baby at birth, she contributed to the loss of the life of a human being and should get a severe sentence that would show society that what she had done was an offence.When sentencing her, Judge Muller told Kaulinge that he would impose a sentence that would send a message to other members of society who might try to do the same as Kaulinge had done.Having heard that she will spend three years in prison, Kaulinge started crying.

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