Niël Terblanché
The state prosecutor in Jandre Dippenaar’s murder trial, Advocate Ethel Ndlovu, urged Magistrate Gaynor Paulton to mete out a custodial sentence for the convicted person while presenting her submissions in aggravation of sentencing on Thursday.
Advocate Albert Strydom countered her arguments by arguing that, despite Dippenaar’s conviction on six counts of murder, the extraordinary verdict warrants an extraordinary sentence.
Advocate Strydom contended that his client became the first person in Namibian history to receive a murder conviction following a fatal motor vehicle collision.
He went on to state that his client was convicted by society.
“The advent of social media brought a new aspect to trial procedures in general. People have taken it upon themselves to convict my client of a crime without having access to the facts that the court had to consider in order to reach a verdict,” he argued.
He argued that, as a result, his client has been rejected by society.
“The court should take into consideration that society has already had the opportunity to vent their anger. This should count as a mitigating factor,” he argued.
While citing case law, Advocate Strydom argued that similar or more serious cases in South Africa have never resulted in murder convictions, nor did judges in these matters mete out severe custodial sentences.
Advocate Strydom also referenced psychologist Willem Annandale’s report, which he submitted on Wednesday, stating that Dippenaar’s decline in social standing and rejection by society could be considered a major mitigating factor.
He also argued that his client is a first-time offender and that he poses no menace to society because of his good conduct over the past ten years.
Advocate Strydom argued that Magistrate Paulton should consider alternate means of punishment because imprisonment in this case would not be in his client’s best interest.
He requested the magistrate consider a suspended sentence, community service, hefty fines, or withdrawing the convicted person’s driving license.
“What purpose would a lengthy prison term serve at this stage? My client, while out on bail for the past ten years, was not involved in any other vehicle accidents, nor did he infringe any of Namibia’s road traffic laws,” he argued.
After the state and the defence counsel submitted all their arguments, Magistrate Paulton postponed the matter to today while stating that she would pronounce the sentence when the trial continues this morning.
