State petitions Supreme Court against rape and murder discharge

06 Sep 2017 15:50pm
WINDHOEK, 06 SEP (NAMPA) - The prosecution has petitioned the Supreme Court against the dismissal of an application for leave to appeal a High Court judgement that cleared a man of the rape and murder of a schoolgirl in 2013.
Fransiscus Dimitri Narimab, 24, was on 16 March 2017 set free in a ruling handed down by Acting High Court Judge Boas Usiku, following a successful application for discharge brought before court by his State-funded defence lawyer, Mbanga Siyomuinji.
Following this discharge, State Advocate Ethel Ndlovu on 09 May 2017 approached the High Court with an urgent application, asking the court to be allowed leave to appeal against the judge’s decision for discharge on charges of rape and murder.
This application was dismissed in a ruling handed down by the same judge on 01 August 2017, after which the State decided to send a petition to Supreme Court Chief Justice Peter Shivute in the hope to be allowed leave to appeal against the discharge of the young man.
Ndlovu, during a pre-trial conference of case management review on Wednesday before Acting Judge Usiku, informed the court that the prosecution had already filed papers in respect of the petition on 20 August 2017 and are only awaiting a response by the Supreme Court.
The matter was, thereafter, remanded until 18 October 2017 for the Supreme Court to respond to the petition.
Narimab was on trial alongside Ruben Fritz, 21, for the rape and murder of Alwina Uri-Khos, whose body was found in the bushes between Windhoek’s Shandumbala neighbourhood and the Western Bypass between 28 and 29 March 2013.
Narimab was discharged on a charge of murder, two counts of rape, robbery with aggravating circumstances and defeating or obstructing or attempting to defeat the course of justice at the closing of the State's case.
Uri-Khos was in the company of Narimab and Fritz and they were seen socialising at different shebeens in Shandumbala.
The victim was allegedly strangled to death after she was hit on the head with rocks and died on the spot.
Fritz, who remains in police custody, returns to court on 06 September 2017 for the continuation of his trial.
Lawyer Sampson Enkali is representing Fritz, who did not bring an application for discharge at the close of the State's case.