23 Sep 2013 06:30
WINDHOEK, 23 SEP (NAMPA) - A man who was in November last year sentenced to 50 years imprisonment for shooting and killing two women in Mariental in the Hardap Region in May 2009, is appealing against the heavy punishment.
The 35-year-old Salmon Nakale made another appearance before High Court Judge Alfred Siboleka on Monday morning, when he was informed that the application of his planned appeal against his long prison term will be heard in the High Court on 21 October.
The date for the hearing of this appeal application was agreed upon by State representative, Deputy Prosecutor-General Antonia Verhoef and Nakale's Government-sponsored defence lawyer Titus Ipumbu before court today.
In the application, jailed Nakale is appealing against both the conviction and stiff sentences he received for shooting and killing two women in May 2009, saying there was some misdirection by the court when it imposed the 50 years punishment for the double murder.
Nakale was found guilty on 24 August 2012 of the murder of his girlfriend Rebecca Katana, 22, and her sister Lucia Erastus, 31, by High Court Judge Siboleka, and sent to jail on 14 November last year for a total of 50 years.
He shot and killed the two women on 09 May 2009 at the Ombili informal settlement at Mariental in the Hardap Region.
Katana died instantly, while Erastus died of multiple gunshot wounds a few hours later at the Mariental State Hospital, where she was taken by the police for medical treatment.
On the first count of murder of Katana, Nakale was sent to jail for 30 years, and 20 more years for the second count of killing Erastus.
The evidence provided by several State witnesses during trial is consistent and the witnesses corroborated with one another in their testimonies.
I am, therefore, satisfied that the State has proven its case beyond a reasonable doubt that you (Nakale) were responsible for the death of the two women. You shot the two women in a jealous rage, said Judge Siboleka at the time of imposing punishment.
The court has dismissed Nakale's version of the events that unfolded that day as false and untrue.
Nakale claimed that the two women were accidentally killed when a shot or shots went off from a firearm during an alleged struggle between himself and Katana for possession of the weapon during a heated argument on that fateful day.
Nakale denied the double murder and pleaded not guilty to the two counts of murder at the start of his trial in the Windhoek High Court in October 2011.
In a plea explanation presented to court by his State-appointed lawyer, Ipumbu, he claimed that the two women were shot accidentally.
Evidence presented before and during the trial had it that Nakale was arrested only after he had instructed his brother, Simpson Nakale, to inform the police of his whereabouts at Mariental a day after the two murders took place.
The police found Nakale in the veld near Gibeon, close to where he abandoned his car after the shooting incident that claimed the lives of the two women.
Windhoek-based lawyer Ipumbu defended Nakale, acting on the instructions of the Justice Ministry's Directorate of Legal Aid during the main trial.
Ipumbu was again this year appointed and instructed by the Directorate of Legal Aid to represent Nakale in the appeal application next month.