27 Mar 2017 14:40pm
WINDHOEK, 27 MAR (NAMPA) An Ongwediva businessman who was in September 2016 sent to jail for 17 years for murdering a member of the Women and Men Network Against Crime, wants to appeal his conviction and prison sentence.
The victim, Tobias Abisai, a member of the Khomas-based community policing unit, died after he was shot and wounded by Jackson Panduleni Absalom at a shopping centre in Ondoto Street in Katutura's Okuryangava residential area on 19 February 2013.
Windhoek Regional Magistrate Sarel Jacobs imposed a term of 17 years in prison on 30 September last year.
Not happy with the conviction and punishment, the 30-year-old businessman has now approached the Windhoek High Court with an application in which he wants to appeal his conviction and custodial sentence.
The hearing of the appeal was scheduled to start before judges Nate Ndauendapo and Christie Liebenberg Monday morning, but could not proceed as some papers in respect of the appeal application were not served before Liebenberg.
As a result of these circumstances, Absalom's appeal application was struck off the roll of the Windhoek High Court for the time being.
However, the application will be placed back on the court roll once all the papers have been served before the two judges who will preside over the matter.
Senior local lawyer, Advocate Gerson Hinda is appearing for the jailed businessman during his appeal application, while State Advocate Henry Muhongo is representing the prosecution.
Absalom was on 21 September 2016 found guilty on a charge of murder in the Windhoek Regional Court after the court rejected his explanation that he was acting in self-defence when he fired the shot at the 33-year-old Abisai.
Shortly after handing down the punishment, the regional magistrate also informed Absalom about his constitutional right to file a notice of appeal against both the conviction and sentence before the court within the prescribed 14 days if he feels the punishment was too heavy.
Initially, Absalom was arrested with two other young men, but they were released as the police could not link them to the murder. They were attempting to rob a security guard in possession of money collected from several clients of the shopping centre.
When the three men failed in their attempt to rob the security guard, Absalom fired shots into the air, injuring Abisai who had been on a routine patrol of the shopping centre.
Abisai died while receiving treatment in the Katutura State Hospital.