Supreme Court dismisses appeals in taxi driver's death

14 Feb 2017 16:20pm
WINDHOEK, 14 FEB (NAMPA) - The Supreme Court on Tuesday dismissed appeals by two men serving long prison terms in connection with the death of taxi driver, Alfons Rijatua.
Rijatua, 42, was murdered at the Hage Geingob Stadium in the capital on 18 April 2010.
He was killed by a single shotgun blast at close range to the chest and died on the spot.
The two appellants are Jackie Jackson, 26, and Isaskar Nau-Gawaseb, 43.
On 18 October 2013, Jackson was sentenced to 40 years’ imprisonment while Nau-Gaweseb was sent to jail for 42 years by High Court Judge Naomi Shivute for the death of Rijatua.
Not happy with these long prison terms imposed by the High Court, the two jailed men in 2016 approached the Supreme Court with appeal applications in which they asked the court for the reduction of their long sentences.
The duo’s appeals were dismissed in a judgement handed down on Tuesday by a full bench of Supreme Court Judges of Appeals, consisting of judges Sylvester Mainga, Elton Hoff and Fred Chomba.
The Supreme Court said the appeals on the merits of the convictions should fail.
“In the result, the appeals by the two appellants are dismissed,” reads the decision by the Supreme Court.
Kaveto Pontianus Kwandu, 43, who was also sentenced to 40 years in the case, did not petition the Supreme Court for leave to appeal his long custodial term.
The three men were each sentenced on a charge of murder with direct intention to kill, robbery with aggravating circumstances and attempting to defeat or obstruct the course of justice following the death of Rijatua.
Jackson and Kwandu were each sentenced to 28 years imprisonment on the first count of murder with direct intent to kill. On this count, Nau-Gaweseb was sent to jail for 30 years.
On the count of robbery with aggravating circumstances, the three were each sentenced to 15 years imprisonment, five years of which were ordered to be served concurrently with the sentence imposed on the murder count.
On the last count of attempting to defeat or obstruct the course of justice, the three men were each sentenced to two years’ imprisonment.
State-appointed defence lawyers Trevor von Brockerhoff and Brownell Uirab appeared for Jackson and Nau-Gaweseb during trial and failed appeals.
Mese Tjituri appeared for Kwandu during trial.
State Advocate Ethel Ndlovu appeared for the prosecution during trial and failed appeals.
The trio is serving their prison terms at the Windhoek Central Correctional facility.