Staff Reporter
FOUR men who were on trial for the murder of Walvis Bay businessman, Hans-Jörg Möller, were sentenced to an effective jail term of 36 years each by Windhoek High Court Judge Dinnah Usiku on Monday, 16 September 2024.
The accused, namely Panduleni Gotlieb (accused one), David Tashiya (accused two), David Shekudja (accused three), and Elly Ndapuka Hinaivali (accused four), allegedly, on or about 16 June 2016, and in the early morning hours of 17 June 2016, whilst the deceased and his family were asleep, forcefully broke and entered their house.
Accused one, Gotlieb, was armed with a pistol, and his co-accused demanded money from the deceased’s wife. When the deceased went to assist his wife, the accused fired a shot at him with the pistol, and the bullet struck the deceased in his stomach.
“The accused persons jointly assaulted the complainant in respect of count two (attempted murder), whereafter they tied the deceased’s wife up and ransacked the house in search of money and other valuables they could get hold of. They fled the scene with money and other belongings of the couple. The deceased was later transported to a local hospital where he died on 18 June 2016, as a result of injuries sustained due to the gunshot wound,” Judge Usiku summarised.
She added that in aggravation of sentence, Mrs Möller, the deceased’s widow, testified that she and the deceased were married since 12 December 2012 and had two daughters, aged 6 and 4 respectively, at the time of her husband’s death.
“Her husband was a captain at sea and used to carry on a business of flying tourists. He was also the owner of a company from which they used to derive their income. They are the owners of a house at Walvis Bay, which is still bonded,” Judge Usiku said.
The lady justice added that prior to the attack on her, Mrs Möller was in good health. “She has since suffered serious injuries and is on constant medication. She can no longer enjoy her life; as such, she has to be assisted all the time. She and her children lost their medical aid after the death of her husband, who was their main breadwinner. They no longer enjoy the life they used to, prior to the deceased’s death. Her children can no longer attend private schools and depend on sponsorships from good Samaritans,” the judge said.
She added that the personal circumstances of the accused persons carry very little weight, except the fact that they have been in custody for eight years, which is indeed a significant period of incarceration prior to the finalisation of this case.
“In addition, it appears that all the four accused persons are more concerned about themselves and their children and care less about the demise of the deceased, which to them is a secondary issue. They do not seem to see the impact it has left on his wife, children, and their families. The deceased’s minor children have been left fatherless,” Judge Usiku said.
The highest sentences were accorded for count 1 (murder), in which accused one to four were all sentenced to 26 years, whilst each received six years for attempted murder. They were given three years each for robbery with aggravating circumstances. In addition, they were handed down a sentence of six months respectively for – Possession of a firearm without a licence, and six months for Possession of ammunition. For the count of housebreaking with intent to rob and/or robbery with aggravating circumstances, each was given a 1-year imprisonment sentence.
