Judge

Now I accept that as Mr. Makabele submitted, I should not punish Mr. Shoba merely for pleading not guilty and maintaining his innocence.

But that does not mean that Mr. Schaubert is entitled to the leniency that was extended to Mr. Malapani.

The default legal position in respect of both men is that they would both have faced life imprisonment unless such a sentence would be disproportionate.

To say that Mr Malapani's cooperation with the police rendered a life sentence in his case disproportionate is not the same as saying that Mr Shorba is being punished for not cooperating with the police.

I am also persuaded that Mr Shorba's role as the prime mover in the planning and commissioning of the offence

distinguishes his situation from that of Mr Malapani.

But for Mr Shorba, Miss Pule would not have been killed.

But if Mr. Malapani had not accepted the contract on Ms.

Pule's life, the facts of this case strongly suggest that Mr. Shorba would have carried on looking for a way to kill Ms.

Pule with or without Mr. Malapani's help.

Mr. Shorba was the driving force behind the scheme and has done nothing since Ms.

Pule's murder to merit the kind of leniency

that Mr. Malapani received.

Mr. Makabele did not identify any other factor that would justify a departure from the statutory penalty.

He drew my attention to the year or so that Mr. Schauber has spent in pretrial incarceration, but accepted that this could not on its own justify a departure from that penalty.

Mr. Schauber, can you stand up, please?

For all these reasons, Mr. Schauber, I am enjoined by the statute to apply the ordinary sentence for an offence of this nature.

You will spend the rest of your natural life in prison unless the parole authorities consider you fit for release in the fullness of time.

The court will adjourn.

I appreciate your effort.