Man faces 20 years for murder as court dismisses appeal

12 Aug 2018 18:20pm

A man accused of fatally stabbing a bar-owner in Walvis Bay will face the rest of the next 20 years behind bars as the High Court of Windhoek last week dismissed his appeal against the conviction.

It is the court’s finding that Licius Hindjou and his brother had an argument with the deceased at the time the deceased was closing his Nawa-Nawa bar at 0h00.

The deceased’s son, Helmut Ngutonua said that the murder-accused had approached his father demanding to know why he had beaten his brother during the argument after which he stabbed him to death.

The court heard that the deceased explained that, “I have only asked the man to leave the place, because I have closed down now.”

Another witness, Petrus Hatjama, a friend of the deceased, said that Hindjou was a regular at the bar while it is alleged that he fled from the scene after the stabbing and he jumped into someone’s yard and got on the roof of the ghetto to hide.

A police officer, Sergeant Job Kauvi, who was in hot pursuit of the accused and had also been close by drinking beer at the time of the crime later arrested him at gun-point.

“He requested the police officer not to take him back to the bar where there were a lot of people, but rather take him to the police station, which the officer did,” the court heard.

According to the accused’s account, his brother, Lennon Hindjou had emerged from Nawa Nawa bar and just told him to run without telling him why and a police officer was after them.

The court found that Hindjou’s account of what had happened on the fateful day was false beyond reasonable doubt.

“The question that begs for an answer is why an innocent person such as him would go so far in trying to avoid contact with the police. It was him who, after stabbing the deceased started to run very fast and told Lennon and Walter to run as well. It was the appellant who was in front,” said Judge Liebenberg.  

Part of the accused’s grounds of appeal were that the court had misdirected itself in law by finding that the he is the one who stabbed the deceased to death in the absence of any blood/DNA samples taken from his clothes as evidence in court to justify his conviction.

He also said that the court erred in finding that he was properly identified without the evidence of an identification parade being conducted.