35-year-old Erwin Frans, charged with the murder of his 23-year-old girlfriend, Mwaaka Kopelo, in February 2021, was found guilty by the Katima Mulilo Circuit High Court.

Frans faced six counts related to the murder, which was perpetrated at the Makaravan West location.

Judge President Petrus Damaseb found Frans guilty of murder, as well as one count of attempted murder and negligent handling of a firearm, when he shot in the direction of one of the witnesses to his initial crime.

Frans was also found guilty, based on his own plea, of possession of a firearm and ammunition without a licence.

The firearm was, however, not found during police investigations.

Judge Damaseb explained that the state proved beyond reasonable doubt that the accused murdered his girlfriend with intent when he re-entered the house following an incident where she assaulted him with a bottle and stabbed him in the arm.

The judge observed that despite having been assaulted with a broken bottle, Frans went back inside the house, escalating imminent danger.

Damaseb explained that the accused had the opportunity to back off and leave the scene, waiting for the situation to normalise before returning to collect his bag.

He further observed that the accused could rather have asked the sister of the deceased to collect his belongings but had chosen not to do so.

Aggravating the charge was his decision not to assist the deceased after shooting her but rather to run away, only to hand himself over to the Kongola Police Station more than six days later.

Before sentencing, the deceased's elder sister told the court that her sister left behind two children, aged ten and seven, for whom she was their breadwinner.

Opposing mitigation, the witness requested the court give the accused an appropriate sentence, fitting the offence he committed.

The state proposed 30 years of imprisonment for murder, five years for attempted murder, two years for assault with intent to cause serious bodily harm, and six months for possession of a firearm without a licence.

Frans' lawyer pleaded for 15 years imprisonment for the murder charge, two years for the attempted murder, and six months for assault and illegal possession of a firearm and ammunition.

Judge Damaseb reserved judgement for Friday at 9:00 in the morning.

Frans was remanded in custody.

-

Category

Author
Sililo Mubiana