24 May 2018

Namibia: Two Men Jailed for Culpable Homicide in Katima

Katima Mulilo — Magistrate Bongani Ndlovu at the Katima Mulilo Regional Court yesterday sentenced two men each to imprisonment of three years after they were convicted of culpable homicide for causing the death of Mack Matengu, 21, in December 2015.

The two, Lucky Ndozi, 28, and Hastings Mutelo, 32, both faced a charge of murder for severely beating up Matengu after he allegedly kicked the door of their car.

It was established during their trial that they had given a lift to the deceased in the early hours of December 15, 2015 after a drinking session.

They were drinking together on the night of December 14, and apparently after the bars closed after midnight they went in search of a bar that was still open to continue drinking. However, they later had a change of mind and told the deceased to get out of the car as they could no longer proceed with him.

However, in anger the deceased kicked the door of the car. It was at this point that the two men started beating the deceased.

An off-duty police officer found the two accused at the scene of the crime and identified the victim as the brother of one of his friends, and he took him to hospital where he succumbed to his injuries on December 15 at around 07h00.

Ndozi and Mutelo were later arrested, and although initially they were denied bail, they were later granted bail of N$5,000 each at the start of their trial in February 2016. They were in and out of court ever since, until their conviction for culpable homicide on Monday.

The State could not prove beyond a reasonable doubt that the two men intended to kill Matengu when they beat him up.

They however could not escape prison as Magistrate Ndlovu sentenced them to seven years imprisonment, with four years suspended for five years, meaning they have to spend the next three years behind bars.

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