Raw emotions of loss, unforgiveness and remorse dominated the first day of the presentence hearing of horror crash driver Jandre Dippenaar in the Swakopmund Regional Court on Tuesday.
Magistrate Gaynor Poulton convicted Dippenaar in June on six counts of murder in connection with a road accident near Henties Bay on 29 December 2014.
The crash claimed the lives of six people, including three members of a German family visiting Namibia – Markus and Stephanie Joschko and their daughter Alexandra.
Three Namibians – Dinah Pretorius, Charlene Schoombee and JC Horn – who were passengers in the vehicle driven by Dippenaar when it collided head-on with the Joschkos’ rental car were also killed.
Dippenaar and Antonia Joschko, the Joschkos’ 16-year-old daughter, were the sole survivors of the crash.
During the presentence hearing on Tuesday, Jan Horn, the father of JC Horn, declared he would never forgive Dippenaar.
“It’s impossible to forgive him. I never will. I might be punished by God later, but so be it,” Horn said.
He told the court that his son, a close friend of Dippenaar, was a cautious driver who travelled distances of between 10 000km and 15 000km per month for the family business.
During a family conversation, JC had expressed concern about dying in a road accident, given the prevalence of reckless driving, Horn said.
He said his son feared being burnt to death.
“He said, ‘God help me if I burn’. And that’s exactly what happened to him, due to a reckless, careless driver. My son was burnt to death while still alive. Everyone must die, but the manner of death makes a difference. For this, I cannot forgive Dippenaar,” Horn said.
He added that the incident devastated several families.
“He should be removed from society to prevent this happening again, but even that won’t bring back our children,” Horn said.
Joschko, orphaned by the accident, described the loss of her entire close-knit family.
She said the incident has left her physically and emotionally scarred, and she has repeatedly contemplated suicide.
She continues to suffer from post-traumatic stress, and, at 26, still does not drive, Joschko said.
Psychological treatment has helped her cope, she added.
Joschko said what baffled her was Dippenaar’s lack of apology or condolences.
She felt blamed throughout his trial, accused of lying about her experience and of her father causing the accident, and family members of Dippenaar even blamed her for the verdict in which he was found guilty, she recounted.
“This shows that neither Dippenaar nor his family is willing to take responsibility for the accident and its consequences.
“He should be removed from society, held accountable, and prevented from harming others,” Joschko told the court.
Dippenaar became emotional while testifying in mitigation.
He said he wanted to apologise to Horn before the trial but was refused the opportunity by Horn, who “never” wanted to hear from him.
His subsequent arrest and legal advice he received prevented him from contacting Joschko, he said.
“I am sorry. I am sorry for your loss,” Dippenaar told Horn and Joschko, also acknowledging the pain of losing friends.
Two more witnesses are expected to be called to testify on Wednesday, before the court hears oral arguments.
In addition to the murder charges, Dippenaar was found guilty of reckless driving and driving without a licence.
Dippenaar has maintained his innocence since his trial began in January 2017.
Poulton found that Dippenaar drove recklessly between Walvis Bay and Swakopmund, overtaking at high speed in the face of oncoming traffic in no-overtaking zones about an hour before the fatal crash.
The fatal collision occurred when Dippenaar’s vehicle went at high speed over a blind rise on the wrong side of the road.
Dippenaar is represented by lawyers Albert Strydom and Petrie Theron.
The prosecution is represented by state advocate Ethel Ndlovu.
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