Double murder appeal application struck off court roll

23 Feb 2018 14:40pm
WINDHOEK, 23 FEB (NAMPA) – An appeal by a truck driver serving a custodial sentence of 63 years for killing a mother and her daughter in the Ovitoto communal area in 2009, was on Friday struck off the roll of the High Court.
Julius ‘Namab’ Dausab, 48, was on 03 April 2017 sentenced to a total of 63 years for killing his girlfriend, Paulina Kenamuni, 28, and her mother, Elfrieda Kenamuni, 44, by shooting them with a hunting rifle at the Okandjira Post near Okahandja in the Otjozondjupa Region on 03 June 2009.
Dausab’s appeal was struck off the roll of the Windhoek High Court for the time being as per order issued by High Court Judge Alfred Siboleka as it was improperly brought before court without adhering to the strict requirements of filing of appeal.
The appeal application was filed before the Registrar of the High Court on 18 October 2017 instead of being brought before court within the prescribed period of 14 days after the sentence was handed down.
For this reason, according to Judge Siboleka, Dausab failed to comply with the needed strict statutory requirements in respect of filing papers before court in connection with appeal application.
Furthermore, Dausab was also requested to file an application of condonation in which he explains in detail the grounds for the late filing, and why he could not do so within the prescribed 14 days after sentencing.
The appeal application will again be enrolled before court once Dausab fully complies with the requirements.
Dausab has now acquired the service of local defence lawyer, Mbanga Siyomuinji, to assist him to properly file his appeal application.
On the first count of murder with intention to kill in respect of the death of his late girlfriend, Dausab was jailed for 38 years.
He also received a 25-year custodial term on the second count of murder in respect of the death of the mother of his late girlfriend.
On the last counts of illegal possession of a firearm and ammunition, Dausab was sentenced to two years imprisonment on each count.
The sentences in each of the two counts were ordered to run concurrently with the sentence imposed in the first count of murder.
In total, Dausab was sentenced to jail for an effective 63 years.
In addition to the heavy punishment, Dausab was declared unfit to possess a firearm for a period of two years from the date of the finalisation of serving his sentence.
Dausab is a first offender with no record of a previous conviction.
(NAMPA)
SKE/HP/PS