Iuze Mukube
State advocate Dominic Lisulo has urged the court to impose a sentence of more than 20 years imprisonment on a Hardap resident convicted of kidnapping and raping a four-month-old baby in 2016.
During pre-sentencing proceedings last week in the trial of Jonas Murao (47), Lisulo asked the court to consider the facts of the matter, particularly the vulnerable age of the victim.
“The accused was invited by the parents of the victim for a social gathering involving dining and sharing alcoholic beverages,” Lisulo pointed out.
However, Lisulo argued that the accused, at a later time, returned, gained forced entry, and removed the child from the comfort of her parents’ dwelling.
The accused allegedly took the four-month-old baby to a dumping site where she was “stripped of what she was wearing and sexually assaulted.”
The victim was returned to the house and then placed on the bed to join her parents as though nothing had happened, Lisulo added.
“These facts are aggravating, and the court should not lose sight of the same,” he submitted.
He further submitted that “the victim was only four months old, which made her exceptionally vulnerable.”
He added that the accused breached the trust of the victim’s parents, contending that his conduct involved planning and is aggravating for that fact alone.
“It is our submission that the accused has not made out a case which deserves a sentence less than the prescribed minimum sentence. We therefore urge the court to consider a sentence of more than 20 years imprisonment,” he stated.
The advocate pointed the court to the evidence of the victim’s mother, who testified that the incident broke her heart but that she had forgiven the accused and left the sentencing in the hands of the court.
Lisulo stated that there was no doubt that the victim, by virtue of her age, was exceptionally vulnerable, and the accused was decades older than the victim.
He added that the accused showed no remorse for the commission of the offence, while the complainant suffered severe injuries.
He submitted that there were no compelling and substantial facts to warrant or justify a sentence below the prescribed minimum of 20 years imprisonment.
Murao was convicted of housebreaking with intent to steal and theft of cigarettes and alcohol, two counts of housebreaking with intent to rape and rape, housebreaking with intent to rape and attempted rape, on an alternative charge of indecent assault, and kidnapping.
The charges against Murao stemmed from events that were alleged to have taken place at Hoachanas in the Mariental district in November 2008, February 2012, May 2016 and November 2016.
The State alleged that Murao raped a sleeping woman at Hoachanas on 12 November 2016.
On the same day, he allegedly broke into another house at the settlement, carried off a four-month-old baby girl and raped her.
He is alleged to have also broken into a house at Hoachanas on 3 February 2012 and committed a sexual act with a sleeping woman.
A similar incident was alleged to have occurred on 14 May 2016, when Murao allegedly broke into another house at Hoachanas and committed a sexual act with a sleeping woman.
It is alleged that Murao broke into a shop at the settlement on three occasions in November 2008, and stole alcohol, cigarettes and money.
Murao is represented by Peru Liebenberg.
The matter was postponed to 30 October for sentencing proceedings.
– imukube@nepc.com.na
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