Man gets 30-year jail term for deadly robbery

A SWAKOPMUND resident who accidentally shot himself in his private parts after he killed a woman during a robbery in Windhoek two years ago received a 30-year prison sentence in the Windhoek Regional Court late last week.

“My hope is that you will never ever be able to pester the public in your life again,” Magistrate Gert Retief told Joseph Kamati (29) as he sent Kamati off to prison with an effective term of 30 years’ imprisonment on Thursday. Kamati, a father of four children who has a record of seven previous criminal convictions dating as far back as 1991, was sentenced after pleading guilty to charges of culpable homicide and robbery.He admitted that he robbed a woman, Elizabeth Ngxiya (44), in Windhoek on October 5 2004.He stole N$4 000 from her during the hold-up.Kamati also admitted that he negligently caused Ngxiya’s death during the robbery when a firearm he was carrying accidentally discharged, killing her.Kamati was initially charged with murder, to which he offered a plea of guilty in the Windhoek Magistrate’s Court in July last year.He claimed that he and Ngxiya struggled for possession of a pistol he had with him in a holster; she tried to take it from him and a shot went off by accident.The incident happened in a riverbed behind the Roman Catholic Church in Katutura.Kamati was arrested only on December 23 2002.After his arrest, he made a statement to the Police in which he admitted that he had carried out the fatal robbery, and said that as he fled he stuck his gun back into his trousers, but then tripped and fell – and accidentally shot himself in the Kamati family jewels.Kamati’s defence lawyer, Vincent Olivier, addressed the court on mitigation of sentence, and handed a letter Kamati had addressed to Magistrate Retief to the court.In it, Kamati gushed with expressions of regret and professed remorse.Asking forgiveness from his victim’s family and the court, Kamati said he was guilty of murder and robbery, “even in front of God the creator”.”Sincerely, my intention was not to kill but to rob the money only.”Kamati also said he deeply regretted and condemned his actions.Those were caused by demons that took possession of him.He added: “I am now a child of God and I come to realise through the word of God how demons seduce and finally possess people to commit suicide and crimes.I believe now that it was not by my own power.I was possess by the demons.”(sic) Towards the end of the two-page letter, Kamati declared: “I have deeply regret for my evil actions, please forgive me.I swear to God and to you people that I will no more go back to my crimes again.”Those crimes, Public Prosecutor Belinda Wantenaar told the Magistrate, dated back as far as 1991, when Kamati was convicted of theft for a first time.The next year, he was convicted of malicious damage to property, the year after that he was found guilty at Walvis Bay of housebreaking with intent to steal and theft, a month later he was convicted at Swakopmund on another charge of housebreaking with intent to steal and theft, and in 1994 he was found guilty of escaping from lawful custody.In 1995, Kamati was found guilty at Swakop­mund on a charge of attempted housebreaking, and in 1999 he was convicted, still at Swakopmund, on a charge of robbery after he had snatched a handbag from someone.He was sentenced to an effective jail term of three years on that occasion.Telling Kamati he had been punished by courts on various occasions for infringing on the rights of Namibians, Magistrate Retief said: “The interest of the public surely cries out to this court to take you out of society.”In his letter, Kamati had promised that he would not go back to committing crimes, the Magistrate said.He added: “Now I’m going to make sure that indeed you do good that promise of yours, that you will not be able again to go back in society to commit any criminal action.”Kamati, a father of four children who has a record of seven previous criminal convictions dating as far back as 1991, was sentenced after pleading guilty to charges of culpable homicide and robbery.He admitted that he robbed a woman, Elizabeth Ngxiya (44), in Windhoek on October 5 2004.He stole N$4 000 from her during the hold-up. Kamati also admitted that he negligently caused Ngxiya’s death during the robbery when a firearm he was carrying accidentally discharged, killing her.Kamati was initially charged with murder, to which he offered a plea of guilty in the Windhoek Magistrate’s Court in July last year.He claimed that he and Ngxiya struggled for possession of a pistol he had with him in a holster; she tried to take it from him and a shot went off by accident.The incident happened in a riverbed behind the Roman Catholic Church in Katutura.Kamati was arrested only on December 23 2002.After his arrest, he made a statement to the Police in which he admitted that he had carried out the fatal robbery, and said that as he fled he stuck his gun back into his trousers, but then tripped and fell – and accidentally shot himself in the Kamati family jewels.Kamati’s defence lawyer, Vincent Olivier, addressed the court on mitigation of sentence, and handed a letter Kamati had addressed to Magistrate Retief to the court.In it, Kamati gushed with expressions of regret and professed remorse.Asking forgiveness from his victim’s family and the court, Kamati said he was guilty of murder and robbery, “even in front of God the creator”.”Sincerely, my intention was not to kill but to rob the money only.”Kamati also said he deeply regretted and condemned his actions.Those were caused by demons that took possession of him.He added: “I am now a child of God and I come to realise through the word of God how demons seduce and finally possess people to commit suicide and crimes.I believe now that it was not by my own power.I was possess by the demons.”(sic) Towards the end of the two-page letter, Kamati declared: “I have deeply regret for my evil actions, please forgive me.I swear to God and to you people that I will no more go back to my crimes again.”Those crimes, Public Prosecutor Belinda Wantenaar told the Magistrate, dated back as far as 1991, when Kamati was convicted of theft for a first time.The next year, he was convicted of malicious damage to property, the year after that he was found guilty at Walvis Bay of housebreaking with intent to steal and theft, a month later he was convicted at Swakopmund on another charge of housebreaking with intent to steal and theft, and in 1994 he was found guilty of escaping from lawful custody.In 1995, Kamati was found guilty at Swakop­mund on a charge of attempted housebreaking, and in 1999 he was convicted, still at Swakopmund, on a charge of robbery after he had snatched a handbag from someone.He was sentenced to an effective jail term of three years on that occasion.Telling Kamati he had been punished by courts on various occasions for infringing on the rights of Namibians, Magistrate Retief said: “The interest of the public surely cries out to this court to take you out of society.”In his letter, Kamati had promised that he would not go back to committing crimes, the Magistrate said.He added: “Now I’m going to make sure that indeed you do good that promise of yours, that you will not be able again to go back in society to commit any criminal action.”