Engineer faces lengthy rape sentence

Arguments have closed in aggravation and mitigation of sentence, following the High Court rape conviction of Epafraditus Dokotora Unengu - an engineer who according to his lawyer used to earn N$400 000 per year. Judge Christie Liebenberg yesterday postponed the matter to next Thursday for sentencing. Unengu was remanded in custody. The 34-year-old accused, wearing blue overall trousers, a black T-shirt and in black slippers, had his bail withdrawn last week, after he was convicted of rape and assault with the intent to do grievous bodily harm. The rape and assault had taken place at Makambu village near Nkurenkuru on July 3, 2011. He was, however, found not guilty of an alleged Windhoek rape, which occurred while he was out on bail in November 2012. Liebenberg had found there were material shortcomings and contradictions in the evidence given by the complainant in the Windhoek rape case. In finding Unengu guilty of the 2011 rape, Liebenberg said the accused had not been a credible witness and had been unconvincing. Unengu’s attorney Sisa Namandje argued in mitigation yesterday, saying his client should not be given a sentence above ten years and that a five to six-year prison term would be appropriate. Among his arguments was the fact that prison services had been transformed in way that allowed prisoner to rehabilitated, so they would return to society as useful citizens. Namandje said his client is 34, has a degree in engineering and intends studying to complete an advanced degree. He argued that it was very difficult for the previously disadvantaged to attain these kinds of academic qualifications. The accused had earned N$400 000 per year. Namandje argued that the rape his client had been convicted of was not premeditated and that the complainant had not fought to free herself from the accused. Unengu had also not lured the complainant from her room or entered her room to rape her. State advocate Dominic Lisulo highlighted that physical force was used and that the complainant suffered – an aggravating factor that far outweighed the mitigating factors in this case. He said a five to six-year prison term would be ridiculous if the circumstances of the case were considered. Lisulo proposed a jail term in excess of the prescribed minimum sentence. He said however, that the court should use its discretion. “Rape is an outrageous offence. One sees almost every day in the media that people are demanding that the courts be more stringent in their sentences for violent crimes, he said. According to him the complainant was left along the road with no prospect of getting help. “She had to walk 7km to get help, he said. He said the accused had also chosen not to testify in mitigation. WINDHOEK FRED GOEIEMAN