Americans to wait a month for murder trial sentences

The two United States citizens convicted of murdering and robbing a young man in Windhoek near the start of 2011 will have to wait for a month to hear what sentences they will be receiving at the end of their trial.

Judge Christie Liebenberg postponed the sentencing of Marcus Thomas (38) and Kevan Townsend (37) to 15 November after the lawyers involved in the men’s trial concluded their final oral arguments in a presentence hearing in the Windhoek High Court yesterday.

Deputy prosecutor general Antonia Verhoef suggested that the court should consider sentencing Thomas and Townsend both to life imprisonment, or to “substantial long-term imprisonment”.

Defence lawyers Salomon Kanyemba, representing Thomas, and Mbanga Siyomunji, who is representing Townsend, both reminded the court that their clients have been held in custody for nearly 13 years, and that this long period spent in jail should be taken into account when the court considers the sentences to be handed to the two men.

Kanyemba suggested that Thomas should be sentenced to 20 years’ imprisonment on the murder charge on which he has been convicted, and that 12 years of that sentence should be suspended.

Siyomunji proposed a prison term of seven years, of which five years are suspended, for Townsend on the murder charge, based on a calculation that Townsend has been in jail for nearly 13 years and a sentence of 20 years’ imprisonment would be imposed on a murder charge in the normal course.

Both defence lawyers also suggested that the sentences on the other charges on which their clients were found guilty should be ordered to be served concurrently with the sentence on the murder charge.

Liebenberg convicted Thomas and Townsend both on counts of murder, robbery with aggravating circumstances and possession of a firearm and ammunition in a judgement delivered five weeks ago.

The judge found that the evidence placed before him during their trial proved that Thomas and Townsend jointly planned to murder the 25-year-old Peter Heckmair, and that they carried out their plan on 7 January 2011 by killing Heckmair with a single gunshot to his head, while he was sitting in the driver’s seat of a car in a quiet street in the Klein Windhoek area of Windhoek.

Thomas was also found guilty on additional charges of importing firearm barrels into Namibia and attempting to defeat or obstruct the course of justice, while Townsend was convicted of possession of firearm barrels as well.

In her address to the judge, Verhoef noted that Thomas and Townsend did not divulge the motive for the murder of Heckmair to the court.

She argued that the murder was a planned crime, and that there was an absence of genuine remorse on the part of both accused.

“There is a lack of insight into the enormity of the crimes committed,” Verhoef said.

Kanyemba informed the judge that Thomas instructed him to convey to the court that he realises there are no words that can soften the loss and grief Heckmair’s death has caused to his family.

Thomas “wishes the Heckmairs the absolute best”, Kanyemba added.

He also said Thomas was reserving his rights to pursue all available appeal options.

According to Thomas, he was studying business administration and economics before he and Townsend travelled to Namibia in December 2010, in the run-up to the killing of Heckmair, and was planning to pursue a career in the financial sector after his studies, Kanyemba said as well.

As a result of his arrest and his lengthy detention in jail, Thomas’ life has been brought to a halt over a period of nearly 13 years, Kanyemba added.

Thomas and Townsend, who denied guilt on all charges that they faced, did not testify in their own defence during the trial. They also chose not to testify in mitigation of sentence after they were found guilty.