WINDHOEKFRED GOEIEMAN
High Court Judge Nate Ndauendapo says that a 56-year-old man, who was convicted of robbing Woermann Brock in Khomasdal during October 2009, probably cannot be rehabilitated and must therefore be jailed for the rest of his life.
John Matheus Frans Tjappa had committed the robbery at the supermarket barely eight months after being release on parole from a 20-year jail term.
Ndauendapo remarked yesterday during Tjappa's sentencing hearing that the accused had spent a considerable amount of time behind bars.
“I am not sure whether he can be rehabilitated, which is one of the objectives of sentencing,” he said, before adding that Tjappa must be put away for the rest of his life.
The accused had ten convictions between1975 and 1994.
He was released on parole in November 2007.
However, eight months his release on parole, Tjappa and a group of men entered the Khomasdal Woermann Brock with firearms. They ordered all customers and staff to lie down on the floor.
They then proceeded to threaten to assault staff and demanded that they hand over all the money in the tills and in the safe.
Tjappa fled from the store with at least two bags of money and also had some of the cash stuffed in his clothing.
In an attempt to escape from the police and members of public who were trying to arrest him, he fired numerous shots with a revolver for which he did not have a license. The accused failed to escape and was arrested in a nearby storm water pipe.
His accomplices managed to flee the scene and are still at large.
Tjappa was convicted of robbery with aggravating circumstances, three attempted murder charges, the negligent discharge or handling of a firearm, possession of a firearm without a license and the possession of ammunition
His attorney, Mbushandje Ntinda, pleaded yesterday with the court to take into account that the bulk of his client's convictions had taken place before Namibia had a constitution.
He claimed that the convictions had taken place during an era when people were assaulted to incriminate themselves.
“The court should give him an opportunity,” Ntinda pleaded.
Ndauendapo then asked how many opportunities the accused wanted.
“It seems he did not change his life in prison,” the judge said.
Ntinda said although a prison sentence was inevitable, the court should not show mercy by considering Tjappa's age.
State attorney, Palmer Khumalo, argued that Tjappa had showed “abhorrence for law”, as he had fired shots at the police officers who had tried to arrest him has he fled the supermarket robbery scene.
He asked the court to impose a sentence that would deter likeminded criminals.
Khumalo added that society wouldn't be comfortable acceptable Tjappa back into its fold.
He said lengthy sentence is unavoidable and asked the court to impose a 30-year jail term.
The case was postponed to August 16 for sentencing.
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