By: Justicia Shipena
High Court judge Johanna Sailonga says that members of the society have to be protected from dangerous individuals such as Annastancia Nalucha Lubinda together with her co-accused, David Kondjara and Donald Hindjou.
Sailonga said this on Friday when she sentenced the three to life imprisonment for the murder of Lubinda’s husband, Peter Riscoh Muleke.
Lubinda had previously admitted hiring five men to kill her husband in March 2015 for N$5 000.
It is the state’s case that Lubinda and Kondjara, and Hindjou conspired to kill Muleke at Penduka, Goreangab Dam.
The Muleke succumbed to his injuries and died on the scene due to blunt trauma to the head.
“At the same time, society will not condone an inappropriately long sentence. The right to life is precious and must be protected,” she said.
She added that although the main culprits are unknown at this stage, the plan was embraced and executed.
“The action of the killers infused on all other accused persons. Although they did not participate in the actual killing of Muleke, they conspired to kill him, and they knew the reason for going to Goreangab dam.”
Sailonga they were present and watched Muleke being stoned to death.
“All three accused played roles in all required to have the deceased killed.”
She further said there is no doubt that the motive to kill Muleke was to end the alleged violent relationship, as stated by Lubinda.
“The motive for the third accused was for financial gain,” she said.
According to a witness by the State, Muleke left behind three children, age 23, and two sons with Lubinda.
He stated that the children were negatively impacted, struggled to learn Silozi, and failed a grade when transferred from Windhoek to the village.
“They had their parents looking after them, and now they just disappeared in a blink of an eye,” said Sailonga.
Furthermore, the State witness said the death of Muleke mainly affected the second eldest child, who was seven at the time of the incident.
“The death deceased affects and 80-year-old mother of the deceased. She was traumatised to hear that the wife was responsible.”
Evidence indicated that Muleke was forcefully grabbed and attacked.
“The injuries he sustained on his head are consistent with the cause of the death indicated in the post mortem report.”
She added that Muleke screamed, but no one came to his rescue.
Testifying in mitigation, 39-year-old Lubinda had said she was legally married to Muleke for seven years, and before marriage, they have dated since 2002.
Lubinda was arrested on 01 April 2015 while at her brother-in-laws’ house.
She further testified that she was unhappy that she is in prison as she did not kill her husband.
“Despite her denying all allegations, she was found guilty,” she said.
In her sentencing, Sailonga said Lubinda disagreed with the judgement on conviction, and she maintained that she was innocent.
“She could not apologise for either because she said she did not kill her husband.”
According to Lubinda in her testimony, her husband was a loving husband who cared for her and the children.
According to the judge, Lubinda took the role of a concerned wife when she told Muleke’s sister that her husband left home late to fill up the car and never returned.
“She also lied to the deceased co-workers at the municipality that she did not know where her husband was while knowing that the deceased had been murdered.”
40-year-old David Kondjara testified that he has a recurring pain in the stomach to the chest.
Kondjara said he is also not happy with his conviction and had been in custody for six years and seven months.
Sailonga also said he could not distance himself from the conspiracy to murder Muleke.
While 32-year-old Donald Hindjou testified that he is asthmatic and has recurring pain due to the assault perpetrated on him during his arrest.
Hindjou indicated that he would get better treatment if he were to get out of custody.
After finishing his sentence, he said he would like to go and preach the word of God and preach for street children to go back home.
“He implored the court to have mercy on him, and he is disappointed that he is being accused of something he did not do. He strongly believes that the court’s decision to convict is wrong as he did not kill the deceased,” said Sailonga.
