Jonas HINGASHEPUA (23) was sentenced to 12 years and six months' imprisonment in the Windhoek Supreme Court on 17 February for causing two explosions and escaping from police custody.
This case, like that of Mbonge below, was delayed pending a Supreme Court ruling on the validity of certain legislation in light of the Bill of Rights introduced in June 1985. The December decision that all legislation remains in force unless repealed or amended would seem to have ended the defence's challenge.
Hingashepua faced three charges: sabotage, alternatively 'terrorism'; (malicious) damage to property, alternatively sabotage; and escape from lawful police custody. He initially pleaded guilty to the third charge and not guilty to the first two, although one press report stated he had changed his plea during the trial.
The evidence against Hingashepua, who was charged with causing two explosions in Tsumeb in July 1985, came from two state witnesses and Hingashepua's own statement whilst in detention. Giving evidence in court Hingashepua retracted his confession. He said he had admitted to the offences after being assaulted repeatedly. He was detained at his workplace in Tsumeb on 1 October 1985 and interrogated about his grandmother, two brothers and a young pregnant woman. He was also asked about two men whom he identified amongst a number of detainees.
When he refused to admit anything he was driven, blindfolded and manacled, to Oshakati for further interrogation. He said he was chained to a table, beaten with a hosepipe and kicked. Four members of the Security Branch assaulted him and threatened to 'blow him to pieces'. He named the investigating officer, Sergeant Koos Van Taak, as one of his assailants. He had escaped from custody in November 1985 to avoid further assault.
Two former PLAN combatants who had become members of the Police Counter Insurgency Unit (COIN or Koevoet) gave evidence for the state. Ananias Negumbo, also known as Kondja, alleged that he had recruited Hingashepua and trained him in the use of explosives. It was also reported that he had participated in the assault on the defendant. One former guerilla gave evidence without his name being made public, reportedly because 'he is to be called to give evidence in more trials'. Under the Geneva Conventions captured PLAN combatants should be treated as prisoners of war and not be interrogated. However, the regime detains and tortures and puts great pressure on them to join the occupation forces to avoid imprisonment or even death.
On 17 March Justice Herbert Hendler sentenced Hingashepua to seven years for an attack on the Tsumeb post office which caused an estimated R44,000 worth of damage. He received an additional five years for an attack on a petrol station two days later and six months for escaping from police custody. The judge acknowledged that the accused had 'grievances' but said these did not amount to 'ideological motives'.
