A custodial sentence of up to 35 years was requested by State Advocate Shakwa Nyambe when he addressed Judge Naomi Shivute on the recommended punishment for a convicted killer and his co-accused.
Nyambe yesterday asked the judge in the Windhoek High Court to remove Kevin Adams, 38, from society for a very long time following his conviction of killing the estranged husband of his former lover.
Adams was found guilty of stabbing to death Henry Thomas Julius near a railway line in Keetmanshoop during the morning of March 05, 2008.
Shivute however found that it was not proved by the State that the deceased’s wife from whom he was estranged for some time, Jeanetta Julius, was involved in the murder.
But, Shivute said, it was proven by the State beyond a reasonable doubt that Jeanetta obstructed the course of justice when she locked Adams inside her house to try and help him evade the police.
Yesterday State Advocate Nyambe told the court the murder was carefully planned.
“After quarreling with the deceased on the same night, the accused carefully planned to kill him by arming himself with an okapi knife, killed the deceased at night at an area far from the view of other people and in the absence of any eyewitnesses,” Nyambe said.
He further said it was aggravating that the deceased was killed in a barbaric and gruesome manner. “The deceased was stabbed not once or twice, but twenty times on the upper vulnerable part of his body.”
“What made the murder more gruesome was the cut on the throat as if the accused was killing an animal at an abattoir.”
According to Nyambe the most likely motive for the killing was jealousy and not money as claimed by Adams.
In mitigation of sentence, Adams claimed that he on instructions of Jeanetta killed the deceased for his pension money as she was still legally married to the deceased.
He also said that after he stabbed the deceased twice, Jeanetta took the knife and continued stabbing the deceased.
Boris ‘The Mouth” Isaacks who represents Adams on instructions of legal aid pressed home the point.
He told the judge it was illogical that Adams would have killed the deceased because of jealousy as he was already in a romantic relationship with Jeanetta.
“In fact,” Isaacks said, “it was well known that Adams was involved with Jeanetta while the deceased had his own girlfriend.”
This defied the jealousy theory, he said, adding that it shone a different light on the matter.
It could however possibly be true that Adams told the truth when he told the court he partook in the killing upon the request of Jeanetta because “he loved her”.
He further told the court the case was not one of “domestic violence” as the State wanted to portray.
Isaacks asked the court to take into account that Adams took responsibility for his actions when he took the court into his confidence after the conviction.
His plea of not guilty should not be held against him as he explained he did that to protect Jeanetta whom he still loved at that stage, Isaacks argued.
While he did not specify a period, Isaacks did ask the court to allow his client a chance to rehabilitate and have time to spend with his family, including his eight-year-old daughter, in future.
Mbanga Siyomunji on behalf of Jeanetta argued that while his client preferred to make her submissions from the bar through him, she did show remorse through financial contributions she made to the funeral and the tombstone she erected at the grave of the deceased.He said Jeanetta wants to spend the rest of her life looking after her two daughters and granddaughters. He asked the court to impose a sentence of 12 months with six months suspended for five years along with the usual conditions. Shivute said she would deliver her sentence on December 08. Both accused remain in custody after their bail was cancelled upon conviction.