18 Jan 2016 15:20pm
WINDHOEK, 18 JAN (NAMPA) - A Windhoek resident sent to jail for 20 years in connection with the death of a local taxi driver in the Kupferberg area in December 2004, has on Monday abandoned his intentions to appeal against his conviction and sentence.
Samuel Eixab along with his biological brother, Naftali Eixab, and Josephat Boois were each on 24 March 2010 sentenced to an effective 20 years by Regional Court Magistrate Dinnah Usiku after she had found them guilty in connection with the attacks that claimed the life of Fillemon Ndeshipanda Amadhila on 10 December 2004 in the Kupferberg area on the south-western outskirts of Windhoek.
Appellant Samuel abandoned his plans to appeal against both his conviction and sentence when the hearing of his application for leave to appeal was scheduled to kick-off before High Court Judges Naomi Shivute and Alfred Siboleka here on Monday morning.
Samuel withdrew his appeal application after having legal consultations with his State-funded defence lawyer Werner Boesak.
As per request by the appellant, Judges Shivute and Siboleka then allowed the withdrawal of the appeal application by Samuel.
Meanwhile, Naftali was allowed to proceed with his appeal application in which he strongly asked for a re-look into the evidence of confession and other related statements made by fellow convict Boois during trial.
Naftali feels that Boois had incriminated him in the alleged attacks and killing of the taxi driver and that Regional Court Magistrate Usiku had allegedly misdirected herself when dealing with the evidence presented by Boois.
The evidence presented by Josephat Boois is inconsistent and totally untrue. He had incriminated me in this case for reasons only known to himself, argued Naftali.
After having listened to submissions made by Naftali, the two judges reserved their ruling until 08 March 2016.
Naftali represented himself in the appeal hearing after the Justice Ministry's Directorate of Legal Aid had turned down a number of his applications for legal representation.
Boois did not lodge any application for leave to appeal his conviction and sentence.
State Advocate Jack Eixab (not related to the convicts) appeared for the prosecution during the appeal application.
Earlier reports carried by the local English daily 'The Namibian' newspaper had it that Amadhila died as a result of multiple stab wounds.
Reports showed that Amadhila had given the three convicts a lift, and that they then stabbed, beat him up and stole his car, clothes and money from him.
Regional Court Magistrate Usiku had convicted all three men, finding that the prosecution had proven that all three of them were at the scene of the stabbing and robbery and that they had been acting with a common purpose when these events unfolded.
Samuel had travelled to Khorixas, where he was arrested a day after the incident, after the police had received information on his whereabouts from Boois.
Naftali and Boois were arrested on the same day of the incident when police officers at the roadblock between Windhoek and Okahandja noticed that Boois, who was still driving Amadhila's taxi, had blood on his trousers.
They were each sentenced to 16 years imprisonment on the murder charge, and four years on the charge of robbery with aggravating circumstances.
The two sentences are being served consecutively.