Beach killer sent to prison for 45 years

NAFTALIE Kondja, the man who robbed and murdered German-born goldsmith Alexandra Mooren on a Swakopmund beach in August 2004, will be in prison until the year 2052 – if he serves the full sentence he received in the High Court in Windhoek yesterday.

Judge Collins Parker sentenced Kondja (28) to an effective 45 years’ imprisonment for the crimes that he committed at Swakopmund on August 12 and 13 2004. For the murder of Mooren, a 44-year-old goldsmith whom Kondja shot dead on the morning of August 13 2004 while she was walking to work along a beach at Swakopmund, Judge Parker sentenced Kondja to a 30-year jail term.For the armed robbery that Kondja committed when he snatched Mooren’s handbag from her after he had shot her, Judge Parker further sentenced Kondja to 15 years’ imprisonment.The Judge ordered that five years of that sentence would run concurrently with the sentence on the murder charge.On a third charge – a count of theft, in respect of which Judge Parker had found that Kondja had broken into a parked car at Swakopmund on August 12 2004, and that he stole a .22 revolver, which was to be used to kill Mooren the next day, a hundred rounds of ammunition for that gun, and a video camera out of the car – Kondja was sentenced to a five-year jail term.This was not ordered to be served concurrently with any of the other sentences.Judge Parker also sentenced Kondja to three years’ imprisonment for illegal possession of a firearm and ammunition on which Kondja had further been convicted.This sentence was ordered to be served concurrently with the sentence on the murder count.That left Kondja with an effective term of imprisonment of 45 years.He must start serving these sentences after he has completed serving the 20-month jail term he received for escaping from lawful custody after he had been arrested for the robbery and murder of Mooren, Judge Parker also ordered.With Kondja having received that sentence in May last year, it means that he will start serving the sentences that were imposed yesterday during January next year.At his last appearance before Judge Parker on November 21, when the Judge delivered the verdict in which he convicted Kondja on most charges, Kondja created a scene in the courtroom by refusing to go into the dock to hear the court’s judgement.Despite “the sheer contempt and disrespect” that Kondja showed to the court that day, Judge Parker commented during the sentencing yesterday, “I have not approached my task of imposing sentence with anger but with calm and considered deliberation, keeping in view that the sentence I impose should be appropriate, i.e.just, fair and reasonable.I have taken the middle course; I have not gone after severity or misplaced pity.”However, the facts of the crimes that Kondja committed counted heavily against him, Judge Parker indicated.As the sentencing approached its conclusion, the Judge stated: “I am of the view that the streets of Swakopmund and elsewhere in Namibia will be much safer for a long time without the accused: he is dangerous.”By that stage of the sentencing, Judge Parker had already told Kondja that the murder and robbery that he had committed that morning on that near-deserted and supposedly peaceful stretch of beach were “heinous, cold-blooded and horrendous”.Among the facts around the crimes that Judge Parker said he regarded as aggravating, was that Mooren was someone who had caused no harm or posed no danger to Kondja, that she was gainfully employed and therefore contributing meaningfully to the country’s economy before she was killed, that Kondja had an actual intention to kill her when he fired three shots at her, that her killing “was absolutely unnecessary, and was executed with sterling ruthlessness and premeditation”, and that Mooren had been “defenceless, completely unarmed and alone” when Kondja attacked her.”By his action, the accused exhibited a very dangerous trait that he is a person who is prepared to murder a defenceless woman merely for her handbag – which may or may not contain any valuables,” Judge Parker said.”If he had not been arrested by the Police, there is the likelihood that he could repeat the crime because he had hidden the murder weapon on his person when he was arrested, and he testified that he had hidden the remainder of the 50 rounds of .22 ammunition for the murder weapon somewhere in Swakopmund.”Judge Parker did not accept an argument from Kondja’s defence counsel, Lucia Hamutenya, that the court had to give Kondja credit for having quickly admitted his guilt to the Police after his arrest within about half an hour after Mooren was killed.Noting that an observant Police officer found Kondja still wearing the red cap that a sole eyewitness had seen him wearing at the crime scene, and with the murder weapon tucked into the waistband of his pants, Judge Parker commented: “He was caught almost with his hand in the till.Doubtless, but for the commendable professionalism and incredibly quick response action of the Police in Swakopmund, the accused would have escaped – and that is exactly what he tried to do – into the macabre underworld of crime to continue to ply his trade, as it were.”Kondja was denied that escape.He however received some scant comfort from Judge Parker at the end of the sentencing.Clothing that the Police had confiscated from Kondja – including that red cap that he kept on his head after the crime, helping the Police to spot him more easily – should be returned to him, the Judge ordered.State advocate Sandra Miller conducted the prosecution against Kondja.For the murder of Mooren, a 44-year-old goldsmith whom Kondja shot dead on the morning of August 13 2004 while she was walking to work along a beach at Swakopmund, Judge Parker sentenced Kondja to a 30-year jail term.For the armed robbery that Kondja committed when he snatched Mooren’s handbag from her after he had shot her, Judge Parker further sentenced Kondja to 15 years’ imprisonment.The Judge ordered that five years of that sentence would run concurrently with the sentence on the murder charge.On a third charge – a count of theft, in respect of which Judge Parker had found that Kondja had broken into a parked car at Swakopmund on August 12 2004, and that he stole a .22 revolver, which was to be used to kill Mooren the next day, a hundred rounds of ammunition for that gun, and a video camera out of the car – Kondja was sentenced to a five-year jail term.This was not ordered to be served concurrently with any of the other sentences.Judge Parker also sentenced Kondja to three years’ imprisonment for illegal possession of a firearm and ammunition on which Kondja had further been convicted.This sentence was ordered to be served concurrently with the sentence on the murder count.That left Kondja with an effective term of imprisonment of 45 years.He must start serving these sentences after he has completed serving the 20-month jail term he received for escaping from lawful custody after he had been arrested for the robbery and murder of Mooren, Judge Parker also ordered.With Kondja having received that sentence in May last year, it means that he will start serving the sentences that were imposed yesterday during January next year. At his last appearance before Judge Parker on November 21, when the Judge delivered the verdict in which he convicted Kondja on most charges, Kondja created a scene in the courtroom by refusing to go into the dock to hear the court’s judgement.Despite “the sheer contempt and disrespect” that Kondja showed to the court that day, Judge Parker commented during the sentencing yesterday, “I have not approached my task of imposing sentence with anger but with calm and considered deliberation, keeping in view that the sentence I impose should be appropriate, i.e.just, fair and reasonable.I have taken the middle course; I have not gone after severity or misplaced pity.”However, the facts of the crimes that Kondja committed counted heavily against him, Judge Parker indicated.As the sentencing approached its conclusion, the Judge stated: “I am of the view that the streets of Swakopmund and elsewhere in Namibia will be much safer for a long time without the accused: he is dangerous.”By that stage of the sentencing, Judge Parker had already told Kondja that the murder and robbery that he had committed that morning on that near-deserted and supposedly peaceful stretch of beach were “heinous, cold-blooded and horrendous”.Among the facts around the crimes that Judge Parker said he regarded as aggravating, was that Mooren was someone who had caused no harm or posed no danger to Kondja, that she was gainfully employed and therefore contributing meaningfully to the country’s economy before she was killed, that Kondja had an actual intention to kill her when he fired three shots at her, that her killing “was absolutely unnecessary, and was executed with sterling ruthlessness and premeditation”, and that Mooren had been “defenceless, completely unarmed and alone” when Kondja attacked her.”By his action, the accused exhibited a very dangerous trait that he is a person who is prepared to murder a defenceless woman merely for her handbag – which may or may not contain any valuables,” Judge Parker said.”If he had not been arrested by the Police, there is the likelihood that he could repeat the crime because he had hidden the murder weapon on his person when he was arrested, and he testified that he had hidden the remainder of the 50 rounds of .22 ammunition for the murder weapon somewhere in Swakopmund.”Judge Parker did not accept an argument from Kondja’s defence counsel, Lucia Hamutenya, that the court had to give Kondja credit for having quickly admitted his guilt to the Police after his arrest within about half an hour after Mooren was killed.Noting that an observant Police officer found Kondja still wearing the red cap that a sole eyewitness had seen him wearing at the crime scene, and with the murder weapon tucked into the waistband of his pants, Judge Parker commented: “He was caught almost with his hand in the till.Doubtless, but for the commendable professionalism and incredibly quick response action of the Police in Swakopmund, the accused would have escaped – and that is exactly what he tried to do – into the macabre underworld of crime to continue to ply his trade, as it were.”Kondja was denied that escape.He however received some scant comfort from Judge Parker at the end of the sentencing.Clothing that the Police had confiscated from Kondja – including that red cap that he kept on his head after the crime, helping the Police to spot him more easily – should be returned to him, the Judge ordered.State advocate Sandra Miller conducted the prosecution against Kondja.