02 Aug 2017 14:50pm
WINDHOEK, 22 AUG (NAMPA) A man jailed in connection with the death of a taxi driver in the Kupferberg area in December 2004 suffered a heavy blow when his planned appeal was struck off the High Court's roll on Wednesday.
Naftali Eixab along with his biological brother, Samuel Eixab, and Josephat Boois (all ages not given) were each on 24 March 2010 sentenced to an effective 20 years by then Windhoek Regional Court Magistrate Dinnah Usiku.
Usiku found the trio guilty in connection with the attacks that claimed the life of Fillemon Ndeshipanda Amadhila, 35, on 10 December 2004 on the south-western outskirts of Windhoek.
The appeal application was struck off the roll because the Registrar of the High Court did not place a copy of it in the file of documents that were forwarded to the Chambers of Judges Naomi Shivute and Alfred Siboleka, who were assigned to preside over the hearing of the intended appeal.
The two judges then instructed Naftali to start lodging his application afresh with the Registrar of the High Court.
A new date will be made public at a later stage.
Naftali wants the court to re-look into evidence of confession and statements made by Boois during trial.
He feels Boois had incriminated him and that Usiku had misdirected herself when dealing with the evidence presented by Boois.
According to Naftali, Boois evidence was inconsistent and untrue.
Samuel Eixab and Boois are not part of the planned appeal.
Trial evidence showed that Amadhila had given the three convicts a lift, when they stabbed and beat him up. They also stole his car, clothes and money.
Samuel travelled to Khorixas, where he was arrested a day after the incident, after the police received information on his whereabouts from Boois.
Naftali and Boois were arrested on the same day of the incident when police officers at the roadblock between Windhoek and Okahandja noticed that Boois, who was still driving Amadhila's taxi, had blood on his trousers.
The trio was each sentenced to 16 years imprisonment on the murder charge, and four years on the charge of robbery with aggravating circumstances.
The two sentences are being served consecutively.