Six-year jail term for ‘accidental’ stabbing

AN accidental – but nevertheless fatal – stabbing that claimed the life of his teenage girlfriend more than three years ago is set to cost a resident of northern Namibia close to eight years of his freedom.

The stabbing that saw Andreas Simon Nehemia Hampudja (34) being sent to prison for an effective six years on Tuesday, took place at Eembo, a village in the Ohangwena Region, on the evening of August 17 2003. That day, a 17-year-old girl, Monica Mweshixwa, celebrated her confirmation as a member of her church, the court heard during the trial.That evening, she died.A stab wound to her upper right arm caused her to bleed to death.On Tuesday, Judge President Petrus Damaseb convicted Hampudja, who claimed to have had a relationship with Mweshixwa, of culpable homicide in connection with the events that led to her death.Hampudja stood trial in the High Court in Windhoek on a charge of murder.Having convicted Hampudja, the Judge President sentenced him to nine years’ imprisonment, of which three years were suspended for a period of five years on condition that Hampudja is not convicted of murder, culpable homicide or assault to do grievous bodily harm during the period of suspension.With Hampudja having been in custody for some 20 months before his trial was finalised, he is facing the prospect of spending close to eight years in Police or prison.Hampudja claimed during the trial that he had stabbed Mweshixwa by mistake.He claimed that he had actually aimed his knife at one of the State witnesses that testified during the trial, Dimbulukweni Shihenuka, because he was under attack from Shihenuka and was trying to defend himself.In the process, claimed Hampudja, Shihenuka suddenly sought cover behind Mweshixwa, and he stabbed Mweshixwa accidentally.Judge President Damaseb accepted Hampudja’s defence – but only to some extent.Had Shihenuka confirmed other State witnesses’ testimony, it would have been difficult for the court to accept Hampudja’s claim that Shihenuka had charged at him with a knife, the Judge President stated in his judgement.However, he noted, Shihenuka disputed some material aspects of other prosecution witnesses’ testimony.In the light thereof, the court found that the prosecution had failed to prove that Shihenuka did not draw a knife and charge at Hampudja.Hampudja’s reaction exceeded the bounds of self-defence, however, the Judge President continued.Hampudja himself told the court that he actually pursued Shihenuka for some nine metres before he tried to stab him, supposedly in self-defence, Judge President Damaseb noted.By then, the Judge President said, the claimed attack on Hampudja had already been warded off.Judge President Damaseb found that the State had failed to prove that Hampudja had an intention to murder Mweshixwa.However, he added, Hampudja had been negligent by stabbing at Shihenuka in circumstances where a reasonable person would have foreseen that he might in error stab someone else.As a result, he found Hampudja guilty of culpable homicide.A young life had been lost needlessly, the Judge President commented when he sentenced Hampudja.Violence is becoming endemic in Namibian society, and seems to have become the language of choice through which even the pettiest of scores are being settled, he remarked.The courts should impose sentences that would discourage this sort of violence, Judge President Damaseb said.Defence lawyer Lucia Hamutenya represented Hampudja during the trial.State advocate Innocentia Nyoni prosecuted.That day, a 17-year-old girl, Monica Mweshixwa, celebrated her confirmation as a member of her church, the court heard during the trial.That evening, she died.A stab wound to her upper right arm caused her to bleed to death.On Tuesday, Judge President Petrus Damaseb convicted Hampudja, who claimed to have had a relationship with Mweshixwa, of culpable homicide in connection with the events that led to her death.Hampudja stood trial in the High Court in Windhoek on a charge of murder.Having convicted Hampudja, the Judge President sentenced him to nine years’ imprisonment, of which three years were suspended for a period of five years on condition that Hampudja is not convicted of murder, culpable homicide or assault to do grievous bodily harm during the period of suspension.With Hampudja having been in custody for some 20 months before his trial was finalised, he is facing the prospect of spending close to eight years in Police or prison.Hampudja claimed during the trial that he had stabbed Mweshixwa by mistake.He claimed that he had actually aimed his knife at one of the State witnesses that testified during the trial, Dimbulukweni Shihenuka, because he was under attack from Shihenuka and was trying to defend himself.In the process, claimed Hampudja, Shihenuka suddenly sought cover behind Mweshixwa, and he stabbed Mweshixwa accidentally.Judge President Damaseb accepted Hampudja’s defence – but only to some extent.Had Shihenuka confirmed other State witnesses’ testimony, it would have been difficult for the court to accept Hampudja’s claim that Shihenuka had charged at him with a knife, the Judge President stated in his judgement.However, he noted, Shihenuka disputed some material aspects of other prosecution witnesses’ testimony.In the light thereof, the court found that the prosecution had failed to prove that Shihenuka did not draw a knife and charge at Hampudja.Hampudja’s reaction exceeded the bounds of self-defence, however, the Judge President continued.Hampudja himself told the court that he actually pursued Shihenuka for some nine metres before he tried to stab him, supposedly in self-defence, Judge President Damaseb noted.By then, the Judge President said, the claimed attack on Hampudja had already been warded off.Judge President Damaseb found that the State had failed to prove that Hampudja had an intention to murder Mweshixwa.However, he added, Hampudja had been negligent by stabbing at Shihenuka in circumstances where a reasonable person would have foreseen that he might in error stab someone else.As a result, he found Hampudja guilty of culpable homicide.A young life had been lost needlessly, the Judge President commented when he sentenced Hampudja.Violence is becoming endemic in Namibian society, and seems to have become the language of choice through which even the pettiest of scores are being settled, he remarked.The courts should impose sentences that would discourage this sort of violence, Judge President Damaseb said.Defence lawyer Lucia Hamutenya represented Hampudja during the trial.State advocate Innocentia Nyoni prosecuted.