The National Court Judge Justice Teresa Berrigan last Friday sentenced Bhosip Kaiwi to life imprisonment for the murder of his wife Jenelyn Kennedy.
When sentencing Kaiwi, Justice Berrigan said the matter is one of the worst kind of murder in history of mankind.
“In my view this is the only sentence that recognises the gravity of the offense because it will ensure that the offender is adequately punished,” she said
On 23 Jun, 2020, the mother of two, Jenelyn died following five days of abuse at the hands of her husband, Kaiwi 27, which he subjected her to unimaginable cruelty. She was 19 years of age at the time of her death.
The Court found that the offender was convicted following trial of her murder contrary to section 300(1)(a) of the Criminal Code with the maximum penalty for which is life imprisonment.
Meanwhile, the State submits in mitigation that the prisoner is a first-time offender. He did not deny assaulting the deceased, and did not evade arrest but surrendered to police the following day. Kaiwi apologized to the deceased’s family and is remorseful. He has indicated a willingness to pay compensation. Whilst the deceased’s family refused the offer he asked the Court to take his attempts into consideration as a genuine expression of his sorrow.
However, Berrigan said the nature, extent and severity of the injuries inflicted demonstrate his very strong desire to commit grievous bodily harm together with an equally strong desire to inflict pain and suffering in what can only be described as torture.
She said the offences were committed against a defenseless and increasingly vulnerable person.
“The offend was made abhorrent by the fact that it was committed in the victim’s home, in which her children were present, by her husband, in a gross abuse of trust,” she said.
She said the matter is in relation to the State v Mareva case, in which the offender pleaded guilty to beating his wife over three days with a car jack causing several deep knife-like wounds on both legs and bruising all over her body, including her cheeks, chin, eyes, lips, left ear, neck, left shoulder, chest wall, buttock, both arms, legs and back. He was sentenced to 24 years’ imprisonment.
She said the matter is also in relation to Manu Kovi Vs the State, involving cold-blooded brutality, which was pre-meditated and persistent, against an innocent and defenceless person, in complete disregard for her life, and the trust and security he owed her.
Therefore, Justice Berrigan impose life imprisonment to Kaiwi, stating that the Court condemns such offences to set an example to deter others from similar offences in the future.