MR. AURIEN: I am extremely sorry for the death of my wife especially when I was seeing. It hurt me and raised my blood pressure. I was referred to the heart institute who discovered 2 arteries of my heart are not normal. I have been in prison for 2 years and seven months and attended reformatory programs like behavior change, alternative to violence, Alpha course, Bible studies and I am a born again Christian. I am now transformed who should be given a chance to go back to the community to serve them. I have been in service for 36 years. The conviction denies me terminal benefits and this leads to disaster for my family. I pray that I am released in this session. PROSECUTION: I leave it to court. REASONS AND SENTENCE The convict is a first offender who has been on remand for 21/2 years. The maximum sentence for this crime is death for which the Prosecution has asked me to impose reasoning that the OPC acted irresponsibly and that cases of domestic violence are on the increase .The convict who has been in the police force for 36 years has asked for lenience on account of his being a first offender who is sorry for witnessing the death of his wife. He asked me to tamper justice with mercy and impose a lenient sentence that would enable him to rejoin society as a reformed person. I have given considerable thought to both submissions and considered the circumstances under which this death occurred. The aggravating circumstances are that the convict should have acted with restraint given his role as the keeper of law and order. The deceased was only 24 years and was pregnant when shot dead. She died a young girl leaving a very young baby. Though the convict is a first offender who has been in service for a long time 36 years and this act comes in to dent his exemplary record. With this conviction, all his benefits are gone. The death sentence is no longer a mandatory one in cases of murder but where the DPC - a very senior police officer is found guilty of murdering a person who was living with him as a wife and mother of his child, while he was just suspecting her of being promiscuous, this Court would be hard pressed to find mitigating circumstances not to impose the maximum sentence. If there had been a fight over the pistol before the deceased was killed, I would have imposed the sentence of imprisonment for life. But when I consider the events after the act, I am unable to find reasons to consider a lesser sentence. Those charged with keeping law and order would be the least expected to kill their spouses. Domestic violence that leads to the death of one spouse must be condemned by this Court by imposing a sentence that fits the crime. There was ample time for the convict to handle the situation without loss of life. He cannot get away with her death as lightly as the defence asked me to do. I, therefore, sentence the convict to suffer death in a manner provided by law. Signed by : Lawrence Gidudu JUDGE 29/11/2010