04 Feb 2016 17:30pm
WINDHOEK, 04 FEB (NAMPA) - A woman sentenced to five years imprisonment for murder has now acquired a government-sponsored defence lawyer to represent her in a case in which the State is appealing against her conviction and sentence.
The prosecution argues that it is too lenient compared to sentences given in similar cases.
Convict Magdalena Khamuxas will again be defended by lawyer Boris Isaaks, who defended her during trial last year. Isaaks was instructed by the Justice Ministry's Directorate of Legal Aid.
The hearing of the appeal by the State begins on 23 March this year.
This was made public when Khamuxas made another appearance during pre-trial of case management review before High Court Judge Naomi Shivute here on Thursday afternoon.
As per agreement reached between prosecution representative, State Advocate Erick Moyo and Isaaks on Thursday, the appeal case by the State is scheduled to kick-off again before Judge Shivute, who also presided over the trail.
The 40-year-old Khamuxas was initially charged with murder, but Judge Shivute instead found her guilty on a count of culpable homicide for accidentally stabbing and causing the death of a farm worker in the Outjo District in 2011.
Khamuxas was on 24 March last year sent to jail for an effective total of five years for accidentally stabbing and causing the death of Johannes Kasavi Kangundu on 25 October 2011 at Doringfeld Farm Post.
A few weeks after the sentencing, Moyo who also appeared for the prosecution during trial, brought an urgent application before Judge Shivute in which he asked the court to be granted leave to appeal against both Khamuxas' conviction and sentence.
The late Kangundu died on the spot as a result of a 12 centimetre-deep stab wound between his ribs.
On the first count of stabbing and causing the death of Kangundu, Khamuxas was sentenced to seven years imprisonment of which two years were suspended for a period of five years on condition that she is not convicted of culpable homicide or assault with intent to do grievous bodily harm during the period of suspension.
On this count, the mother of three children was sent to jail for five years.
According to court documents, Khamuxas has apologised to the deceaseds family.
On the second count of assault with intent to cause bodily harm for seriously stabbing with a knife and wounding Elfriede Kausiona, Khamuxas was sentenced to two years imprisonment, one of which is to be served concurrently with the sentence imposed on the first count of culpable homicide.
On the third count of assault with intent to do grievous bodily harm for stabbing and wounding another farm worker, Frans Makushe, Khamuxas was sentenced to nine months imprisonment, which was suspended in total for a period of five years on condition that she is not convicted of assault with intent to do grievous bodily harm during the period of suspension.
In the result, Khamuxas was sent to jail for an effective five years.
Khamuxas, deceased Kangundu and two friends, Kausiona and Makushe, were said to be inebriated as they had been drinking home-brewed liquor since earlier that day.
According to court documents, Kausiona initiated a fight in which she assaulted the Khamuxas first, but there was no ongoing attack when she (Khamuxas) fetched the knife that was used to stab the deceased.
She had spent a total of three years in police custody at the Windhoek Correctional Facility, formerly known as the Windhoek Central Prison, since her arrest in October 2011 awaiting the finalisation of her case.
Khamuxas is a first-time offender with no record of a previous criminal offence.