24 Jan 2014 14:30pm
WINDHOEK - 24 JAN (NAMPA) - Three men sentenced to a combined 105 years imprisonment in December 2012 for the brutal murder of Windhoek resident Cornelius Swiegers at Goreangab Dam in 2007, want to be granted leave to appeal their long prison terms.
The three men - Max Kleophas, Festus Nepembe Kiimba and Josef Taukondjo Shikongo - were each sent to jail for 35 years by High Court Judge Alfred Siboleka on 12 December 2012.
The sentences comprises of 25 years for murder, and 10 years for robbery with aggravating circumstances each.
The trio returned to the Windhoek High Court on Friday morning with an urgent joint application, asking the same judge to grant them leave to appeal their long custodial terms.
In their heads of argument presented before court today, the three men said that justice was not done during the trial of their case and feel that another court may come up with a different judgement once they are allowed leave to appeal their convictions and sentences.
In her response to the three appellants' request, State Advocate Ethel Ndlovu asked the court to dismiss the three men's joint application, saying no other court can come up with a different judgement in this case.
High Court Judge Siboleka, after having listened to submissions and counter-arguments by the three appellants and State representative, said he will deliver judgement on the matter on 13 February this year.
Reports carried by the 'Namibian Sun' daily newspaper had it that on the night of 18 January 2007, the late Cornelius Swiegers, Georgevis Pierre Isaack and his two daughters drove to the mountain at Goreangab Dam on the western outskirts of Windhoek to take pictures of a passing comet.
They had taken along sausages and brötchens and camping chairs and had made a small fire, when the three now-jailed men walked past and greeted them - pretending to be ordinary passersby.
Shortly afterwards, the three men returned and launched a violent attack on Swiegers and his friends.
Kiimba shot Swiegers dead.
The bullet went through the deceaseds chest and exited his back, and in the process struck Shikongo in the lower abdomen
The deceaseds pockets were emptied and the other victims were also robbed.
The boerewors, brötchens and other items were taken from the victims pick-up vehicle.
It is my considered view that an appropriate punishment in murder and robbery must emphasise the factors of deterrence, prevention and correction, Siboleka said at the time of sentencing the three men.
This court repeatedly stated that those who take it upon themselves - going around disrupting and ending other peoples lives - would without fail be made to feel the wrath of the law, Siboleka added at the time.