A Hardap region resident convicted on six criminal charges, including a charge involving the rape of a four-month-old baby, is due to be sentenced in the Windhoek High Court at the end of this month.
Judge Claudia Claasen postponed the sentencing of Jonas Murao (47) to 30 October after hearing final oral arguments from deputy prosecutor general Dominic Lisulo, representing the state, and defence lawyer Peru Liebenberg yesterday.
Claasen found Murao guilty on six charges, including two counts of housebreaking with intent to rape and rape, and one charge of housebreaking with intent to rape and attempted rape, in a judgement delivered at the end of July.
The charges against Murao, who made a living as a farmworker, emanated from events alleged to have taken place at Hoachanas in the Mariental district in November 2008, February 2012, May 2016 and November 2016.
The state alleged that Murao raped a sleeping woman at Hoachanas on 12 November 2016, and on the same day also broke into a house at the settlement, carried off a four-month-old baby girl and raped the baby, before returning her to the room where her parents were sleeping.
Claasen found him guilty of indecent assault in connection with the incident involving the sleeping woman, and of abduction and housebreaking with intent to rape and rape in connection with the incident involving the baby.
Murao was also accused of breaking into a house at Hoachanas on 3 February 2012 and committing a sexual act with a sleeping woman.
He was found guilty of housebreaking with intent to rape and rape in connection with that incident.
A similar incident was alleged to have taken place on 14 May 2016, when Murao allegedly again broke into a house at Hoachanas and committed a sexual act with a sleeping woman.
Murao was convicted on a charge of housebreaking with intent to rape and attempted rape in connection with that incident.
The state further alleged that Murao broke into a shop at Hoachanas three times in November 2008 and stole alcohol, cigarettes and money from the shop.
Claasen found him guilty on one charge of housebreaking with intent to steal and theft in connection with the first of those incidents.
During a presentence hearing in August, Murao maintained he was innocent on all of the charges on which he was convicted.
“I did not do these things. I have children myself,” he remarked.
Questioned about the baby-rape charge, Murao said: “A person is not supposed to do such a thing with a child. […] I did not do such a thing.”
Lisulo informed the court that Murao was arrested after each of the separate incidents, but that in each case the charges against him were provisionally withdrawn later.
On Monday, the mother of the baby told the court it broke her heart that Murao had sexually assaulted her daughter, but that she has nonetheless forgiven him.
Her daughter is doing well at school and is socialising well with other children, she said.
“I made peace,” she said about the incident during which her daughter was sexually assaulted.
Two of the women involved in the charges of housebreaking, attempted rape and rape also told the judge on Monday they have forgiven Murao.
Lisulo argued the baby was “exceptionally vulnerable” when she was abducted and abused by Murao.
What Murao did with the baby was “horrible”, Lisulo said.
He suggested that Murao “should be removed from society”.
Liebenberg argued that none of Murao’s alleged victims suffered long-lasting effects from the offences he was found to have committed.
He also argued that Murao’s personal circumstances – mainly a background marked by difficult socio-economic circumstances – were mitigating.
The court should ask itself what is in the best interests of society and the public, and sentence Murao accordingly, Liebenberg said.
