Staff Reporter
CHRISTIAN Kudumo, a 38-year-old Namibian man who intentionally killed his girlfriend, Andeline Chikalu Augustinus (31), in August 2022 at Sun City informal settlement, Rundu, has been sentenced to 25 years in prison, of which five years are suspended for a period of five years on the condition that the accused is not convicted of murder during the period of suspension.
The deceased, Augustinus, was bludgeoned to death with a traditional axe in a shack she shared with the accused, leaving behind three minor children aged six, four, and three. Her children are now being cared for by their maternal grandmother. They receive a social grant, which is insufficient to cover their basic needs.
Windhoek High Court Judge Erich Elias Kesslau explained that the accused was convicted of murder (dolus directus), read with the provisions of the Combating of Domestic Violence Act 4 of 2003.
“Murder is one of the most serious offences and, further aggravating, is the fact that it was committed in a domestic context. The accused collected the weapon, a traditional axe, from the neighbouring house in a premeditated attack. He used it to beat the deceased on her head with such extreme force that it penetrated the skull and exposed her brain. The deceased has lost her life and her children are now orphaned. In these circumstances, the fact that the murder was committed with the formed intention of dolus directus will be regarded as an aggravating factor,” Judge Kesslau said before handing down the 25-year sentence.
He, however, added that the accused’s hearing disability was taken into account as a mitigating factor.
“The accused is deaf, and his life in custody will be a solitary one, as most of his co-inmates and correctional officers will not be able to communicate with him. This is an additional burden that the average inmate does not face, and I will consider it as a mitigating factor. At the age of 35, the accused cannot truly be described as ‘youthful’ and thus his age will be considered as a mitigating factor to a limited extent,” Judge Kesslau said.
He, however, said that it appears the accused moved backwards on the road of contrition. “After committing the murder, his multiple attempts at suicide and his cooperation with the police can be interpreted as remorse; however, during the trial such remorse was not visible. He failed to extend an apology to the deceased’s family and stopped supporting his children. These are not the actions of a man in remorse,” the judge said, handing down the sentence of 25 years.
