Court reduces murder sentence, acquits co-accused in gruesome Windhoek killing
High Court Judge Claudia Claasen has reduced the prison term of a convicted murderer and overturned the conviction of his alleged accomplice in a case that once shocked the capital.
The killing, which occurred five years ago in Windhoek, drew public outrage after the mutilated body of 45-year-old Samuel Jacobs Koopman was discovered by a passer-by. The assailants were later identified as 23-year-old Marcel Groenewaldt and 27-year-old Paul Loots.
In April 2024, Magistrate Victor Nyazo of the Windhoek Regional Court convicted Groenewaldt of murdering Koopman by stabbing him with a knife. Loots was found guilty as an accomplice under Section 257 of the Criminal Procedure Act. Groenewaldt received a 20-year sentence, while Loots was handed six years, with two suspended.
However, on appeal, the High Court upheld Groenewaldt’s murder conviction but set aside Loots’ conviction, effectively acquitting him of any involvement in the crime.
The court found that there was reasonable doubt about whether Loots had intended to help Groenewaldt evade justice. Judge Claasen noted that Loots’ “actions and statements did not exclude other reasonable inferences, including that he did not intend to help the first appellant (Groenewaldt) escape justice.”
Sentence reduced
Judge Claasen further ruled that the trial court had “overemphasised retribution and deterrence, failed to give sufficient consideration to pre-conviction detention, and did not adequately balance sentencing factors.” As a result, Groenewaldt’s sentence was reduced from 20 years to 19 years, with two years suspended for five years on condition that he does not commit murder during that period. The sentence was backdated to 29 May 2024.
In her judgment, Claasen also reaffirmed that circumstantial evidence can be sufficient to prove guilt if it leads to one logical conclusion with no credible alternative explanation.
“The intention to kill is subjective and may be inferred from factors such as the accused’s conduct before and after the incident, the circumstances surrounding the event, previous quarrels between the accused and the deceased, the type of weapon used, where the assault was directed, and the extent of the injuries sustained by the deceased,” she said.
Brutal end
Koopman succumbed to severe injuries, including a deep stab wound to his abdomen that left internal organs exposed. The two accused were arrested two days after the discovery of the body.
During the trial, Groenewaldt claimed in a written statement that he did not deliberately stab Koopman, alleging that the fatal wound occurred accidentally during a struggle over the knife. Loots, in turn, denied assaulting or injuring the victim, saying he had only driven a bakkie while helping Groenewaldt search for individuals accused of stealing his belongings.
The killing, which occurred five years ago in Windhoek, drew public outrage after the mutilated body of 45-year-old Samuel Jacobs Koopman was discovered by a passer-by. The assailants were later identified as 23-year-old Marcel Groenewaldt and 27-year-old Paul Loots.
In April 2024, Magistrate Victor Nyazo of the Windhoek Regional Court convicted Groenewaldt of murdering Koopman by stabbing him with a knife. Loots was found guilty as an accomplice under Section 257 of the Criminal Procedure Act. Groenewaldt received a 20-year sentence, while Loots was handed six years, with two suspended.
However, on appeal, the High Court upheld Groenewaldt’s murder conviction but set aside Loots’ conviction, effectively acquitting him of any involvement in the crime.
The court found that there was reasonable doubt about whether Loots had intended to help Groenewaldt evade justice. Judge Claasen noted that Loots’ “actions and statements did not exclude other reasonable inferences, including that he did not intend to help the first appellant (Groenewaldt) escape justice.”
Sentence reduced
Judge Claasen further ruled that the trial court had “overemphasised retribution and deterrence, failed to give sufficient consideration to pre-conviction detention, and did not adequately balance sentencing factors.” As a result, Groenewaldt’s sentence was reduced from 20 years to 19 years, with two years suspended for five years on condition that he does not commit murder during that period. The sentence was backdated to 29 May 2024.
In her judgment, Claasen also reaffirmed that circumstantial evidence can be sufficient to prove guilt if it leads to one logical conclusion with no credible alternative explanation.
“The intention to kill is subjective and may be inferred from factors such as the accused’s conduct before and after the incident, the circumstances surrounding the event, previous quarrels between the accused and the deceased, the type of weapon used, where the assault was directed, and the extent of the injuries sustained by the deceased,” she said.
Brutal end
Koopman succumbed to severe injuries, including a deep stab wound to his abdomen that left internal organs exposed. The two accused were arrested two days after the discovery of the body.
During the trial, Groenewaldt claimed in a written statement that he did not deliberately stab Koopman, alleging that the fatal wound occurred accidentally during a struggle over the knife. Loots, in turn, denied assaulting or injuring the victim, saying he had only driven a bakkie while helping Groenewaldt search for individuals accused of stealing his belongings.
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