The prosecution wants the High Court to send to jail for a very long time a Windhoek resident who was convicted of 13 out of 21 charges he faced, including rape, assault, housebreaking and attempted murder. State Advocate Palmer Khumalo told Judge Alfred Siboleka that Pinias Kashawa does not deserve mercy from the court and should be sent to a place where he will not longer rape. “My Lord, the accused did not show any remorse or contrition, even after his conviction and continued to profess his innocence,” Khumalo told Judge Siboleka. The judge on March 17 convicted Kashawa on two counts of housebreaking with intent to rob, and robbery, as well as two counts of assault by threat, two counts of rape, one count of pointing a firearm, two counts of attempted murder and one count of housebreaking with intent to steal and theft.
He was further convicted of possession of a firearm without a license and of possession of ammunition without a firearm. He was, however, acquitted on another eight counts, including three counts of rape and one of attempted rape, assault with intent to do grievous bodily harm, housebreaking with intent to rob and robbery and two counts of pointing of a firearm.
Khumalo was adamant that Kashawa showed sheer determination when he committed the crimes. He told the court nothing, but a lengthy custodial sentence would serve to stop Kashawa from his criminal activities.
The fact he had a previous conviction for a similar offence shows that Kashawa has a propensity for breaking into people’s homes and robbing them and in some cases sexually molesting them.
According to Khumalo rape is described as the most personal and brutal attack on a person’s dignity and victims of such crimes suffer the consequences for some time after the act. Criminals who make themselves guilty of such barbaric acts do not deserve mercy from the courts, he stressed.
He further said to break into a person’s home is an intrusion into what should be a safe place. “A man’s home is his castle,” Khumalo said and added that such unwelcome intrusion should be punished. He asked the judge to sentence Kashawa in excess of 85 years consisting of consecutive 15 to 17-year prison terms for the rape, attempted murder and housebreaking convictions. On the lesser convictions he proposed sentences ranging from two to three years and suggested they run concurrently with the other sentences.
The State-funded lawyer of Kashawa suggested the sentences on the rape convictions run concurrently with the attempted murder convictions, as they were committed almost simultaneously.
Ndapewa Shipopyeni suggested that substantial and compelling circumstances exist where the rapes are concerned and wants the judge to deviate from the minimum sentences.
She suggested 10 years for each rape to run concurrently and 10 years each for the attempted murders also to run concurrently. On the lesser charges she suggested two years to run concurrently.