Jailed businessman hearing fate on appeal next month

07 Aug 2017 14:40pm
WINDHOEK, 07 AUG (NAMPA) – An Ongwediva businessman sent to jail for 17 years for murdering a member of the Women and Men Network Against Crime, hears his fate on 04 September when the High Court hands down verdict on his appeal.
A full bench of High Court Judges Christie Liebenberg and Nate Ndauendapo said this on Monday shortly after having listened to submissions by defence lawyer, Advocate Gerson Hinda and State Advocate Henry Muhongo.
Jackson Panduleni Absalom, 30, was on 30 September 2016 sent to jail for the death of Tobias Abisai, a member of the Khomas-based community policing unit.
The victim died after he was shot and wounded by Absalom at a shopping centre in Ondoto Street in Katutura’s Okuryangava residential area on 19 February 2013.
Windhoek Regional Magistrate Sarel Jacobs imposed the prison sentence.
Not happy with the conviction and punishment, Absalom approached the High Court with an application in which he appealed his conviction and custodial sentence.
Absalom’s lawyer asked the court to re-look the totality of the evidence presented by a number of State witnesses in respect of the fatal shot that claimed Abisai’s life, saying his client shot the victim accidentally while acting in self-defence following attacks on him.
On his part, Muhongo said there is no misdirection by Regional Court Magistrate and asked the court to dismiss the appeal.
Absalom was on 21 September 2016 found guilty 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.
Initially, Absalom was arrested with two other young men, but they were all released as the police could not link them to the murder.
The group was 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 succumbed to his injuries in hospital a few days later.