Man gets 10 years for killing uncle

14 September 2021 | Justice

TUYEIMO HAIDULA



OSHAKATI

A man was sentenced to 10 years’ imprisonment in the Oshakati Regional Court last week for stabbing his uncle to death on 23 July 2012.

Erastus Amadhila (58) was convicted of murder last Wednesday and subsequently sentenced to 15 years’ imprisonment, of which five years is suspended on the condition that the accused is not convicted of the same offence during the period of suspension.

Amadhila pleaded guilty and admitted to having stabbed and killed his uncle Simon Hanghama at a cuca shop in Oshaandja in the Oshana Region.

He told the court he is not happy that he murdered his uncle, adding that he and his family provided the coffin for the deceased and also provided the food and beverages for the funeral.

Amadhila said he was punished for his “sins” by the traditional authority, and asked for a lighter sentence and to be forgiven.

Stabbed six times

During the sentencing, magistrate Richard Swartz dismissed Amadhila’s version of having acted in self-defence after being provoked by Hanghama, saying that the court considered the post-mortem report.

“You stabbed the deceased six times, five times in the back and once in his abdomen. This shows how seriously you stabbed him, and shows no other way but the intent to murder.

“In your plea explanation, you are indicating in a way provocation or some sort of self defence, but correctly accepted that you have no defence in this matter,’” Swartz said.

In his confession, Amadhila said he went for a drink at a local cuca shop on that afternoon. While there, Hanghama approached him and asked that the two go behind the cuca shop.

There, Amadhila said Hanghama started to assault him. He testified that he tried to run away, but the deceased chased him and pinned him to the ground.

While they were wrestling, Amadhila took a knife he had and stabbed Hanghama several times.

“I was agitated and angry when I started stabbing the deceased in the back because I did not understand why my uncle was assaulting me. During the stabbing, I admit at that stage I did not have any lawful reason to continue the assault,” he said.

Amadhila was represented by Richard Tsamaseb, while Nelao Ya France prosecuted.

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