Americans get up to 30 years behind bars
"The motive remains a mystery to this day and it is something that will haunt the family forever. It also makes ending a young person's life, which was probably at the beginning of a prosperous career and vibrant future, even more senseless."
These were the words of Judge Christie Liebenberg yesterday during the sentencing of two Americans who were found guilty of the murder of 25-year-old André Heckmair. The verdict comes after a protracted trial and almost 13 years after his murder.
Kevan Townsend and Marcus Thomas were sentenced to 29 and 30 years in prison respectively.
"Neither of the accused expressed any remorse for the crime they committed or the pain and suffering they caused the family of the deceased. They appear to be untouched by the crime and its consequences for others,” the verdict delivered in the Windhoek High Court read.
Liebenberg added that the court did not blind itself to the men's blatant lack of respect for the life and dignity of a fellow man.
Abuse of court process
Liebenberg conceded that Thomas and Townsend are probably experiencing some hardship and pain because their families are in the United States of America (USA) and a harsh sentence means this separation will continue.
"However, it is an inevitable consequence of crime and one cannot allow your sympathy for them to prevent you from imposing the kind of sentence that the interests of justice and society require," he said.
Before sentencing, Thomas and Townsend's legal representatives argued that the time they had already been in custody should be deducted from their sentences.
However, public prosecutor Antonia Verhoef countered that this time should not be automatically deducted, especially when considering that the accused were responsible for the trial’s numerous delays.
"It is this court's considered position that - where an accused has made himself guilty of the willful disruption or delay of court proceedings, which essentially amounts to the malicious abuse of the court process - that person should not ultimately benefit from such conduct," the verdict read.
Sentencing
Both Thomas and Townsend were sentenced to 27 years in prison for the murder charge and four years for theft. However, two of those four years will be served concurrently with the murder charge. Thomas was sentenced to an additional year in prison for obstruction of justice.
On a charge of the illegal importation of firearms, Thomas was fined N$4 000, alternatively a one-year prison sentence.
Townsend must pay a fine of N$1 000 or serve one year in prison for the charge of the illegal possession of a firearm.
For an additional two charges related to breaching the Ammunition Act, both men must pay N$1 000 or serve one year in prison. According to the sentencing, both men were also declared incompetent to own a firearm for a period of five years.
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These were the words of Judge Christie Liebenberg yesterday during the sentencing of two Americans who were found guilty of the murder of 25-year-old André Heckmair. The verdict comes after a protracted trial and almost 13 years after his murder.
Kevan Townsend and Marcus Thomas were sentenced to 29 and 30 years in prison respectively.
"Neither of the accused expressed any remorse for the crime they committed or the pain and suffering they caused the family of the deceased. They appear to be untouched by the crime and its consequences for others,” the verdict delivered in the Windhoek High Court read.
Liebenberg added that the court did not blind itself to the men's blatant lack of respect for the life and dignity of a fellow man.
Abuse of court process
Liebenberg conceded that Thomas and Townsend are probably experiencing some hardship and pain because their families are in the United States of America (USA) and a harsh sentence means this separation will continue.
"However, it is an inevitable consequence of crime and one cannot allow your sympathy for them to prevent you from imposing the kind of sentence that the interests of justice and society require," he said.
Before sentencing, Thomas and Townsend's legal representatives argued that the time they had already been in custody should be deducted from their sentences.
However, public prosecutor Antonia Verhoef countered that this time should not be automatically deducted, especially when considering that the accused were responsible for the trial’s numerous delays.
"It is this court's considered position that - where an accused has made himself guilty of the willful disruption or delay of court proceedings, which essentially amounts to the malicious abuse of the court process - that person should not ultimately benefit from such conduct," the verdict read.
Sentencing
Both Thomas and Townsend were sentenced to 27 years in prison for the murder charge and four years for theft. However, two of those four years will be served concurrently with the murder charge. Thomas was sentenced to an additional year in prison for obstruction of justice.
On a charge of the illegal importation of firearms, Thomas was fined N$4 000, alternatively a one-year prison sentence.
Townsend must pay a fine of N$1 000 or serve one year in prison for the charge of the illegal possession of a firearm.
For an additional two charges related to breaching the Ammunition Act, both men must pay N$1 000 or serve one year in prison. According to the sentencing, both men were also declared incompetent to own a firearm for a period of five years.
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