Suspended jail sentence for stray-bullet killing

A WINDHOEK resident who killed an innocent bystander when he fired a shot to chase off an alleged gang of would-be robbers was let off in the Windhoek Regional Court with a wholly suspended jail sentence last week.

The trial of Bauken Shiwa, who was 26 years old when he was arrested in Windhoek on a charge of murder exactly three years ago today, ended in the Windhoek Regional Court on Wednesday last week. Magistrate Gert Retief sentenced him to three years’ imprisonment, suspended in full for a five-year period.Shiwa was accused of killing 29-year-old Robert Nghuumbilemo on May 31 2003.Nghuumbilemo died when he was struck in the head by a bullet that had been fired from a gun in Shiwa’s hand.The incident took place in Babylon, Windhoek.Shiwa spent two months in Police custody before he was released on bail of N$1 500.When his trial finally started last week, after a wait of close to three years, Shiwa’s defence lawyer, Johan van Vuuren, informed the Magistrate that Shiwa was denying that he had any intention to kill Nghuumbilemo, but would admit guilt on a charge of culpable homicide because he accepted that he had acted negligently when he fired the fatal shot.Public Prosecutor Belinda Wantenaar accepted Shiwa’s plea.Van Vuuren also submitted a written statement to the court to set out the background to Shiwa’s plea.The statement indicates that Nghuumbilemo – killed inside his modest home by a stray bullet – had been a random, unfortunate victim of an attempt by Shiwa to protect himself against a gang attack.Part of the statement reads: “Late in the evening I was on my way to my house when I met a gang of tsotsis who threw me with stones and wanted to attack me.In an effort to avoid the attack I took out my pistol.”I fired a warning shot in the air, which shot did not deter the tsotsis.I then fired two shots into the ground and the tsotsis then left.All this happened in the vicinity of corrugated iron shacks.”I admit that I acted negligently in firing shots in the vicinity of the shacks.”Shiwa further stated: “One of the bullets went through the corrugated iron of (Nghuumbilemo’s) shack and killed him.When I realised that I shot the deceased I remain at the scene and told people to call the Police.”Magistrate Retief suspended Shiwa’s sentence on condition that he is not again convicted of a crime involving the negligent use of a firearm during the period of the suspension.Magistrate Gert Retief sentenced him to three years’ imprisonment, suspended in full for a five-year period.Shiwa was accused of killing 29-year-old Robert Nghuumbilemo on May 31 2003.Nghuumbilemo died when he was struck in the head by a bullet that had been fired from a gun in Shiwa’s hand.The incident took place in Babylon, Windhoek.Shiwa spent two months in Police custody before he was released on bail of N$1 500.When his trial finally started last week, after a wait of close to three years, Shiwa’s defence lawyer, Johan van Vuuren, informed the Magistrate that Shiwa was denying that he had any intention to kill Nghuumbilemo, but would admit guilt on a charge of culpable homicide because he accepted that he had acted negligently when he fired the fatal shot.Public Prosecutor Belinda Wantenaar accepted Shiwa’s plea.Van Vuuren also submitted a written statement to the court to set out the background to Shiwa’s plea.The statement indicates that Nghuumbilemo – killed inside his modest home by a stray bullet – had been a random, unfortunate victim of an attempt by Shiwa to protect himself against a gang attack.Part of the statement reads: “Late in the evening I was on my way to my house when I met a gang of tsotsis who threw me with stones and wanted to attack me.In an effort to avoid the attack I took out my pistol.”I fired a warning shot in the air, which shot did not deter the tsotsis.I then fired two shots into the ground and the tsotsis then left.All this happened in the vicinity of corrugated iron shacks.”I admit that I acted negligently in firing shots in the vicinity of the shacks.”Shiwa further stated: “One of the bullets went through the corrugated iron of (Nghuumbilemo’s) shack and killed him.When I realised that I shot the deceased I remain at the scene and told people to call the Police.”Magistrate Retief suspended Shiwa’s sentence on condition that he is not again convicted of a crime involving the negligent use of a firearm during the period of the suspension.