By: Justicia Shipena
High Court Judge Naomi Shivute says Jan Gemeng and Tjaava Ebson, who were found guilty of raping a woman in the district of Gobabis in June 2014, have no respect for women.
Shivute said this upon sentencing the two to 18 years imprisonment each in the Windhoek High Court on Tuesday.
According to her, Gemeng and Ebson did not exercise mercy on their victim.
“They did not exercise mercy on their victim, and they have no respect for women of this land,” said Shivute.
Handing down her sentencing, she said counsel for the state argued that the personal circumstances of the two men could not weigh up to the seriousness of the offence and the interest of society.
“Counsel for the state argued that the court should consider the aggravating factors against the accused persons.”
Hence the state had said that lawmakers view the offence in a serious light and put stringent measures in place for mandatory sentences.
“Where two accused persons are involved, and no substantial or compelling circumstances exist, the sentence ought to be higher than the prescribed minimum sentence of 15 years,” state counsel said.
Shivute added that although counsel for the defence said Ebson had shown genuine remorse, their argument is unfounded.
“As none of the accused persons showed any remorse. They did not testify in mitigation to show that they were truly remorseful. It is an understatement to say that the accused persons violated the victim’s right to privacy and dignity,” she said.
She added that the court, in determining the sentence, weighed various factors.
“With regard to the interest of society, the society looks upon the court to impose appropriate sentences. If the court fails to exercise its discretion judiciously, society may take the law into its own hand,” she said.
Thus she said she did not find any substantial and compelling circumstances that justify the court to depart from imposing a sentence less than the mandatory sentence.
Additionally, both persons preferred not to testify in mitigation but instead elected to provide the court with some mitigating factors through their counsel.
Gemeng, 36 years old, has three children aged 13, 12 and 9 and is also a first offender.
The judge said the offence was not pre-meditated, adding that Gemeng and the complainant knew each other, and on the day of the incident, they socialised.
“The accused was drunk, which is an aspect of diminished responsibility so, counsel argued,” said Shivute.
The pair were convicted of assaulting and gang-raping a 49-year-old woman.
Court documents show that Gemeng and Ebson attacked the woman after leaving a house where she was drinking traditional brew.
The next day she was found at the scene partly naked and injured, with her face and eyes were swollen.
During the trial, the court revealed DNA test results which showed that DNA matching that of Gemeng was found on the woman’s underwear. Meanwhile, forensics found DNA matching Ebson in her private parts.
Moreover, a shoe belonging to Gemeng was also found at the scene.
Gemeng had told the police after his arrest that he undressed the complainant and had intercourse with her after he and Ebson encountered her.
Gemeng also told the police that Ebson also had intercourse with the woman.
Additional, during the trial, Ebson he and the woman had consensual intercourse a day before the rape incident.
This ended in the court concluding that Ebson’s version was a fabrication.
The victim did not testify during the trial as she had died.
The two men had been free on bail until they were found guilty this month.
