Samuel Shinedima
THE two convicted drug smugglers, Grant Noble and Dinath Azhar, who were found guilty of the biggest international drug smuggling case in Namibian history (involving 412kg of cocaine valued at N$206 million), will hear their fates on 6 October 2022 at 10:00.
High Court Judge Obern Sibeya this morning reserved the sentencing of the two men.
The State, represented by Tangeni Itula, submitted that an appropriate sentencing would be 15-year imprisonment, which is the maximum years as per the act. He added that an option of a fine should not be considered, suggesting that if the court considers placing hope when sentencing the offenders, that hope must not come in the form of a fine.
However, the defence lawyer, Mbushandje Ntinda from the Sisa Namandje Legal Practitioners, pointed out that the court should take correctional methods when sentencing offenders.
He further invited the court to look into an inherent principle of imposing an appropriate sentence, as an independent body, by considering the difference between public interests and public opinion.
He argued that the Namibian system has moved away from the prison system to a correctional system and that this should encourage courts to design an approach that plants hope and rehabilitation and does not only impose punishments.
“Offenders must have hope that they will one day be released, rehabilitated and awarded a second opportunity to reconnect with society,” he added.
Ntinda pointed out that the convicted men spent four years in custody during their pretrial and that the court should take into consideration the time spent in custody, adding that such time will never be recovered. He suggested that an appropriate sentencing would be a fine of N$20 000,00 each, with a five-year sentence, which is to be suspended, in order to give personal deterrence to the offenders.
On the issue of pretrial incarceration, the State said that there is no issue if the court wishes to consider the duration of incarceration during pretrial, but the court is advised to look into the seriousness of the case, pointing out that the sentencing suggested by the defence makes a mockery of the judiciary.
Itula concluded that the State is not asking the court to endorse the public opinion, but to protect the public from the 400kg of cocaine or any related dealings in the future by setting an appropriate precedent. He further argued that one of the offenders has a previous conviction, which is also drug-related, adding that the connection between the cases must not be ignored.
Noble and Azhar were arrested on 15 June 2018, after Customs and Police officials at Walvis Bay’s harbour discovered that the container shipped by them from Brazil had 412kg of cocaine, making it the largest consignment of cocaine to have been confiscated in Namibia.
They will return to court in two weeks’ time for sentencing and they are currently held in custody.
