Suspect guilty of killing brother in hose pipe beating

THE fatal beating of his 16-year-old brother at their Omusati Region home village almost two years ago earned murder suspect Eliakim Nashapi his second conviction for murder on Friday.

The bail on which Nashapi (39), also known as Shivute, had been free, pending the finalisation of his trial in the High Court in Windhoek, was withdrawn after Judge Petrus Damaseb found him guilty of murder. Nashapi was told that he would remain in Police custody until he is scheduled to return to the High Court on September 16 for sentencing.By then, it will have been almost nine years since he was first sentenced for murder.He was sent to prison for 10 years in October 1995 for killing someone in a knife stabbing.Judge Damaseb convicted Nashapi of murder without direct intent to kill.Nashapi admitted that he beat his 16-year-old brother Eliphas Namuke with a 2,13 metre-long piece of hose pipe at their home village, Olyasiiti, in the Outapi area on April 13 2002.However, Nashapi denied the charge that he murdered the teenager through that assault.Judge Damaseb rejected his defence of having beaten Namuke only four times.He found that Nashapi was guilty of murder.In the court’s opinion he had realised that there was a reasonable possibility that Namuke could die as a result of the assault yet he had still carried out the beating, reckless as to its result.According to medical evidence, Namuke had some 40 bruises and abrasions over his body and died from heart failure caused by force applied to his body with a blunt object.During his trial, the court had heard that Namuke had caused trouble for his family since he had developed a habit of stealing from not only family members but from their neighbours and other people.Nashapi claimed he had beaten Namuke with the aim of disciplining and reprimanding him over this stealing.Judge Damaseb found that the motive for the beating had been different, though.”Clearly, if it was to discipline, there should have been a limit to how far he went; it should have stopped as soon as the message had been given.The true explanation seems to be that (Nashapi) had resolved to beat the deceased (Namuke) until he got satisfactory answers about the money the deceased stole from him,” he stated.”One can only shudder to think (of) the pain that he must have experienced during this murderous assault considering that he had a bare torso.The accused must have been aware of the potential consequences of applying such force as he did on the exposed torso of the deceased.How he can say that he only wanted to inflict slight pain defies me.”The assault had been “random and indiscriminate”, the Judge commented.Following the conviction, Public Prosecutor Ruth Herunga asked Judge Damaseb not to be lenient when he sentenced Nashapi who, according to her, had not learned a lesson from his previous conviction for murder.Nashapi’s defence counsel, Sisa Namandje, asked the court not to let the retributive urges of society or members of the public sway it to impose an unduly harsh sentence.Nashapi was remorseful over the killing, which had taken place under special circumstances, Namandje said.Nashapi was told that he would remain in Police custody until he is scheduled to return to the High Court on September 16 for sentencing.By then, it will have been almost nine years since he was first sentenced for murder.He was sent to prison for 10 years in October 1995 for killing someone in a knife stabbing.Judge Damaseb convicted Nashapi of murder without direct intent to kill.Nashapi admitted that he beat his 16-year-old brother Eliphas Namuke with a 2,13 metre-long piece of hose pipe at their home village, Olyasiiti, in the Outapi area on April 13 2002.However, Nashapi denied the charge that he murdered the teenager through that assault.Judge Damaseb rejected his defence of having beaten Namuke only four times.He found that Nashapi was guilty of murder.In the court’s opinion he had realised that there was a reasonable possibility that Namuke could die as a result of the assault yet he had still carried out the beating, reckless as to its result.According to medical evidence, Namuke had some 40 bruises and abrasions over his body and died from heart failure caused by force applied to his body with a blunt object.During his trial, the court had heard that Namuke had caused trouble for his family since he had developed a habit of stealing from not only family members but from their neighbours and other people.Nashapi claimed he had beaten Namuke with the aim of disciplining and reprimanding him over this stealing.Judge Damaseb found that the motive for the beating had been different, though.”Clearly, if it was to discipline, there should have been a limit to how far he went; it should have stopped as soon as the message had been given.The true explanation seems to be that (Nashapi) had resolved to beat the deceased (Namuke) until he got satisfactory answers about the money the deceased stole from him,” he stated.”One can only shudder to think (of) the pain that he must have experienced during this murderous assault considering that he had a bare torso.The accused must have been aware of the potential consequences of applying such force as he did on the exposed torso of the deceased.How he can say that he only wanted to inflict slight pain defies me.”The assault had been “random and indiscriminate”, the Judge commented.Following the conviction, Public Prosecutor Ruth Herunga asked Judge Damaseb not to be lenient when he sentenced Nashapi who, according to her, had not learned a lesson from his previous conviction for murder.Nashapi’s defence counsel, Sisa Namandje, asked the court not to let the retributive urges of society or members of the public sway it to impose an unduly harsh sentence.Nashapi was remorseful over the killing, which had taken place under special circumstances, Namandje said.