Court dismisses appeal by Angolan drugs convict
12 May 2017 11:30am
WINDHOEK, 12 MAY (NAMPA) - An Angolan national serving a four-year prison term was dealt another heavy blow on Friday, when the High Court dismissed his application in which he wanted to appeal the sentence.
Daniel Mavunga Kabenda, 41, was sentenced to seven years imprisonment of which three years were suspended for five years by Windhoek Regional Court Magistrate Elina Nandago on 26 November 2015 after he was found guilty of dealing in cocaine with a street value of about N.dollars 1.26 million.
Kabenda's appeal application was dismissed in a ruling handed down by High Court Judge Nate Ndauendapo Friday morning because the convict brought the application before court too late as he was supposed to do so within the prescribed 14 days from the date of the handing down of the punishment.
In addition, his application was struck off the roll of the Windhoek High Court and he has to start afresh if he still wants to go ahead with the appeal against his conviction and sentence.
The Angolan was arrested in Windhoek on 30 April 2013 after members of the Namibian Police Force found 2,52 kilogrammes of cocaine buried in the yard of a rented house where Kabenda was staying in the Rocky Crest residential area.
The drugs and some N.dollars 21 600 in cash found in his possession at the time of his arrest later went missing and it was presumed to have been stolen while it was being held by the Namibian Police.
Kabenda pleaded not guilty to a charge of dealing in cocaine and an alternative count of possession of cocaine.
He is serving his punishment at the Windhoek Central Correctional Facility.
State Advocate Erick Moyo represented the State during the failed appeal bid.