Siblings sentenced over Wasserfall death

"The court must sentence the accused for crimes they have been found guilty of, not crimes the public believes they should be guilty of. Public expectation and public interest are not the same,” Judge Christie Liebenberg said during the sentencing of Azaan Madisia and Steven Mulundu in the Windhoek High Court yesterday.

“The court has a responsibility to consider public interest, but cannot blindly follow public expectation. Several emotional reports have surfaced after the verdict in this case, undoubtedly in an attempt to sway the court's sentencing.”

Brother-and-sister duo Mulundu and Madisia were sentenced to six and eight years’ imprisonment respectively for a charge - of defeating or obstructing the course of justice - they were found guilty of last month.

This charge is related to the death of Shanon Wasserfall, which Judge Liebenberg said cannot be considered murder.

"It is not disputed that the deceased’s [Wasserfall] death was a consequence of the fact that the first accused [Madisia] kicked her. The court is not convinced that she unlawfully and intentionally murdered the deceased. There is no evidence that [Madisia] could reasonably have foreseen that her actions would lead to the death of [Wasserfall]," he said in his ruling.

Showed responsibility

Liebenberg explained that Mulundu deserves a lighter sentence as he can be held accountable to a lesser degree for the crime.

"The second accused [Mulundu] is the one who showed responsibility. He suggested calling the police, and he is the father of a four-year-old son, which comes with a certain level of responsibility," the judge said. "[Mulundu] unexpectedly found himself in an unenviable situation."

He added: "The court must decide how much weight an admission of guilt carries. Under the circumstances, its sincerity is dubious. I do not doubt that the accused have feelings of remorse, but little weight is given to the expression of remorse”.

Time behind bars

Madisia received an additional year for each of the two charges of fraud she pleaded guilty to at the start of her trial. These two years will run concurrently with her sentence for culpable homicide.

Two years have been suspended from both Madisia and Mulundu's sentences due to the fact that they were both already in custody for more than two years.

Madisia will effectively serve six years, while Mulundu will serve effectively spend four years behind bars.

Both will, however, have to serve the suspended sentences if they are found guilty of defeating or obstructing the course of justice again within five years of their release.