State wants 40 years
Convicted murderer Paulus Ruben could get a lengthy jail term if the prosecution gets its way.
The prosecution wants the High Court to impose a 40-year jail term on a man convicted of murder.
The state and defence lawyers on Friday in the Windhoek High Court concluded arguments for sentencing of a 52-year-old man who was found guilty of murder on circumstances.
Magritha Beukes (41) was found dead in the house she was living in with the accused, Paulus Ruben, at Bahnhof close to Rehoboth.
The murder took place between 3-4 January 2012. Earlier Judge Nate Ndauendapo had found that the state had proven beyond reasonable doubt that Ruben was the person who murdered Beukes.
The accused was not at home but was arrested eight days later at a farm about 50km from Bahnhof.
The accused bludgeoned his lover to death with an unknown object and ran away.
She died due to internal bleeding as a result of a blunt force trauma.
State prosecutor Ethel Ndlovu stated Ruben assaulted the victim and caused her death.
The accused has been in custody for the murder in the past five years but this cannot be counted automatically in his favour.
She asked the court to impose a 40-year imprisonment and emphasised that mercy depends on the circumstances of each case.
“The moral blameworthiness of the accused is that he has never been remorseful throughout the trial,” Ndlovu argued.
She stressed the accused did not show remorse and thereby did not take court into confidence and argued that is why it would be difficult for court to consider mercy in his favour.
“Mercy should go both ways. The accused did not show any mercy to the deceased,” she maintained.
Ndlovu further stated that even though previous convictions of the accused are more than 10 years it is relevant in this case.
“It has an element of violence towards another person. Some weight has to be considered on the aspect of violence as it is currently prevalent in domestic setting,” she said.
She submitted that the Prevention of Domestic Violence Act was enacted as far back as 2003, but it appears people do not heed and urged courts to continue imposing severe sentences.
“The manner in which the deceased was killed, she was unarmed and that he is not open to court. When he is not open to court as to what happened he leaves the court in dark and this is a sign that he is not remorseful,” she argued.
State-funded defence lawyer Hipura Ujaha on behalf of his client informed the court that the accused has been in custody for five years as his application for bail was refused.
According to him, a lengthy custodial sentence will break his client who is now 52 years old.
“With custodial sentence must be an element of mercy,” he pleaded and added that sentence above 30 years will amount to life imprisonment.
He pleaded for a custodial sentence, which is partially suspended.
Ndauendapo postponed the matter for sentence to 20 July.
FRED GOEIEMAN
The state and defence lawyers on Friday in the Windhoek High Court concluded arguments for sentencing of a 52-year-old man who was found guilty of murder on circumstances.
Magritha Beukes (41) was found dead in the house she was living in with the accused, Paulus Ruben, at Bahnhof close to Rehoboth.
The murder took place between 3-4 January 2012. Earlier Judge Nate Ndauendapo had found that the state had proven beyond reasonable doubt that Ruben was the person who murdered Beukes.
The accused was not at home but was arrested eight days later at a farm about 50km from Bahnhof.
The accused bludgeoned his lover to death with an unknown object and ran away.
She died due to internal bleeding as a result of a blunt force trauma.
State prosecutor Ethel Ndlovu stated Ruben assaulted the victim and caused her death.
The accused has been in custody for the murder in the past five years but this cannot be counted automatically in his favour.
She asked the court to impose a 40-year imprisonment and emphasised that mercy depends on the circumstances of each case.
“The moral blameworthiness of the accused is that he has never been remorseful throughout the trial,” Ndlovu argued.
She stressed the accused did not show remorse and thereby did not take court into confidence and argued that is why it would be difficult for court to consider mercy in his favour.
“Mercy should go both ways. The accused did not show any mercy to the deceased,” she maintained.
Ndlovu further stated that even though previous convictions of the accused are more than 10 years it is relevant in this case.
“It has an element of violence towards another person. Some weight has to be considered on the aspect of violence as it is currently prevalent in domestic setting,” she said.
She submitted that the Prevention of Domestic Violence Act was enacted as far back as 2003, but it appears people do not heed and urged courts to continue imposing severe sentences.
“The manner in which the deceased was killed, she was unarmed and that he is not open to court. When he is not open to court as to what happened he leaves the court in dark and this is a sign that he is not remorseful,” she argued.
State-funded defence lawyer Hipura Ujaha on behalf of his client informed the court that the accused has been in custody for five years as his application for bail was refused.
According to him, a lengthy custodial sentence will break his client who is now 52 years old.
“With custodial sentence must be an element of mercy,” he pleaded and added that sentence above 30 years will amount to life imprisonment.
He pleaded for a custodial sentence, which is partially suspended.
Ndauendapo postponed the matter for sentence to 20 July.
FRED GOEIEMAN
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