Sylvester & Gavin Beukes

Background

The Kareeboomvloer massacre occurred on the Kareeboomvloer farm in the Hardap Region of Namibia, situated between Rehoboth and Kalkrand. The massacre took place in 2005 and involved brothers Sylvester Beukes and Gavin Beukes. The case involved multiple murders, robbery-related offences, arson, defeating or obstructing the course of justice, and firearms and ammunition offences.

The offence

On 5 March 2005, brothers Sylvester and Gavin Beukes killed eight people at the Kareeboomvloer farm. The victims included the farm owners Justus and Elzabé Erasmus, an employee and his pregnant wife, two adult members of the employee's family, and two small children. All people present on the farm on the day of the crime were killed.

The attackers first shot and killed the owners Justus and Elzabé Erasmus and then executed all witnesses by first firing at them and then setting five of them alight with diesel fuel. Four of the victims were still alive when they were set on fire.

After the killings, the Beukes brothers stole the farm pickup car, loaded it with rifles and goats from the farm, and hid the loot at Stoney Neidel's house in Rehoboth and on his farm Areb, west of Rehoboth.

Investigation

Forensic evidence showed that Gavin Beukes was no further than 5 metres (16 ft) away when the victims were shot. The evidence concerned medium and high-velocity blood spatter found on Gavin Beukes’s shoes, indicating that he must have been close to the source of the blood spatter and that the blood spatter would have been caused when someone was shot.

The court did not accept the claim that Gavin Beukes was not near the murders when they were committed.

Arrest

Gavin Beukes, Sylvester Beukes and Stoney Neidel were arrested a few days after the massacre.

Judge President Damaseb noted that after they left the farm there had been an unexplained delay of eight days before Beukes first made allegations about a contract killing against Erasmus. The court also noted that Gavin Beukes had opportunities to disassociate himself from Sylvester Beukes and had not taken any steps to report the crimes before the two brothers were arrested on March 6 2007.

Trial

The High Court proceedings took place in Windhoek and lasted for over four years.

Parties and representation

• The Deputy Prosecutor General Antonia Verhoef represented the State during the trial.
• Sylvester Beukes was represented by Titus Ipumbu of Titus Ipumbu Legal Practitioners.
• Gavin Beukes was represented by Titus Mbaeva of Mbaeva & Associates.
• Stoney Neidel was represented by Boris Isaacks of Isaacks & Benz Inc.

Verdicts and findings

Sylvester Beukes admitted guilt on all counts of murder, but later claimed that the owners' son, Justus Christiaan “Shorty” Erasmus, gave the order to kill his parents, handed a weapon and ammunition to Sylvester, and promised N$50,000 payment as well as legal representation. Erasmus denied these accusations.

Erasmus was later found not guilty on all charges—including eight counts of murder—in the High Court in Windhoek.

According to testimonies at trial:

• Sylvester Beukes killed all eight people by himself.
• Gavin Beukes was described as a bystander who, in his own words, was “at the wrong place at the wrong time”.

Sylvester Beukes claimed that he tied his brother Gavin to a pole so that Gavin could only have heard but not observed the shooting. The forensic evidence did not support Gavin’s claimed distance.

The Judge President found that it had been proven that Gavin Beukes acted in concert with Sylvester Beukes when the crimes at the farm were committed.

Stoney Neidel was found guilty on counts of theft and possession of firearms without a licence.

Charges supported by the court

Brothers Sylvester and Gavin Beukes were found guilty on eight counts of murder. They were also convicted on charges including:

• housebreaking with intent to rob
• robbery with aggravating circumstances
• defeating or obstructing the course of justice
• arson
• possession of firearms and ammunition without a licence

Stoney Neidel was convicted on counts of theft and possession of firearms without a licence.

Victims

The victims named in the proceedings were:

• Justus and Elzabé Erasmus (both aged 50)
• Sunnybooi Swartbooi (35), an employee of the Erasmus couple
• Hilma Engelbrecht (32), Swartbooi’s pregnant wife
• Christina Engelbrecht (6), Hilma Engelbrecht’s child
• Regina Gertze (4), Hilma Engelbrecht’s child
• Settie Swartbooi (50), Swartbooi’s brother
• Deon Gertze (18), a relative of Hilma Engelbrecht

The victims were shot dead, and five of them—except the Erasmus couple and Sunnybooi Swartbooi—were later set on fire in a storeroom at the farm. Some victims were still breathing when they were set alight, which was later established when autopsies were done on their remains.

Quotes and statements

Gavin Beukes told the court: “If you just say ‘sorry’ it sounds (like) little. But I’m deeply sorry. For the people who lost their lives. They lost their lives while I was observing. Not because I killed them.” He also added: “I deeply regret that I was at the wrong place at the wrong time.”

Sentencing

Prior to sentencing, Acting Prison Commissioner Raphael Hamunyela testified about how life sentences are administered in Namibia. Hamunyela explained that all life sentences in Namibia can be set aside after as little as ten years, and that the nature and severity of the committed crimes are not factors weighed by prison authorities in considerations of early release. He also explained that multiple life terms count as one. Hamunyela further explained that sentences of imprisonment received alongside a life term are served concurrently with the life term.

The Deputy Prosecutor therefore asked the court not to impose a sentence of life imprisonment, and instead to set definite periods. Judge President Petrus Damaseb followed the prosecution’s request.

Sentence imposed on Sylvester Beukes

Sylvester Beukes received sentences including:

• a 45-year prison term on each of the eight murder counts

He was also sentenced to:

• 15 years’ imprisonment for housebreaking with intent to rob and robbery with aggravating circumstances
• a ten-year jail term for arson
• six years in prison for defeating or obstructing the course of justice
• four years’ imprisonment for possession of firearms and ammunition without a licence

With some sentences ordered to be served concurrently, the effective prison term for Sylvester Beukes was 105 years.

Sentence imposed on Gavin Beukes

Gavin Beukes received sentences including:

• a 30-year prison term on each charge of murder

He was also sentenced to:

• a ten-year jail term for arson

With some sentences ordered to be served concurrently, the effective imprisonment term for Gavin Beukes was 84 years.

Sentence imposed on Stoney Neidel

Stoney Neidel received an effective six years of imprisonment for theft and illegal possession of firearms.

Total term

The Beukes brothers were sentenced to a combined total of 670 years in jail.

Appeals

Justus Christiaan “Shorty” Erasmus was acquitted of having contracted the murders, after being found not guilty on all charges—including eight counts of murder—in the High Court in Windhoek.