High Court rejects killer's appeal bid
The judge rejected an application by Boois to condone a delay of six years and seven months in filing the notice of appeal.
A convicted murderer's application to appeal against a 20-year prison sentence has failed in the Windhoek High Court.
Judge Nate Ndauendapo last week dismissed the application brought by Josephat Boois (40), who had been sent to prison in 2010 for murder and robbery with aggravating circumstances.
Regional Court Magistrate Dinnah Usiku had sentenced Boois and two accomplices to 16 years for the murder and four years for robbery.
They had murdered taxi driver Fillemon Ndeshipanda Amadhila on a road in the Kupferberg area in December 2004.
Ndauendapo also rejected an application by Boois to condone a delay of six years and seven months in filing the notice of appeal.
Unless an appeal is filed within 14 days of sentencing, a convict has to apply for condonation of late filing.
Boois, who is serving his sentence at the Walvis Bay Correctional Facility, previously blamed the delay on unsuccessful attempts to file his papers, which he said were not received and forced him to re-file several times.
Boois claimed that after he had submitted a third notice of appeal, he opened a case against the clerk of the court and “that is how my notice of appeal dated 10 October 2016 was finally received”.
Boois's intended appeal was based on an argument that he had already spent five years and three months behind bars before his conviction and sentencing, and that the court failed to take that into account.
He further argued that he had played a crucial role in assisting the investigators after his arrest and had shown “genuine signs of remorse”.
The State opposed the appeal and argued that his 20-year sentence was “quite lenient” given the serious nature of the crime.
“The manner in which the offence was committed was brutal. The appellant and his two co-accused got into a taxi and brutally assaulted and stabbed the deceased,” the State submitted.
Amadhila, still alive after he had been stabbed multiple times, was dumped on the roadside and left to die while the three drove away in his car.
The State further argued that Boois only confessed and cooperated with the police after he had been arrested at a roadblock, driving the victim's blood-stained car. The murder weapon was found in the car.
Boois's co-accused were brothers Naftali Eixab and Samuel Eixab, both of whom received the same sentence.
Boois was represented by Trevor Brockerhoff while the State was represented by Marthino Olivier from the Office of the Prosecutor-General.
JANA-MARI SMITH
Judge Nate Ndauendapo last week dismissed the application brought by Josephat Boois (40), who had been sent to prison in 2010 for murder and robbery with aggravating circumstances.
Regional Court Magistrate Dinnah Usiku had sentenced Boois and two accomplices to 16 years for the murder and four years for robbery.
They had murdered taxi driver Fillemon Ndeshipanda Amadhila on a road in the Kupferberg area in December 2004.
Ndauendapo also rejected an application by Boois to condone a delay of six years and seven months in filing the notice of appeal.
Unless an appeal is filed within 14 days of sentencing, a convict has to apply for condonation of late filing.
Boois, who is serving his sentence at the Walvis Bay Correctional Facility, previously blamed the delay on unsuccessful attempts to file his papers, which he said were not received and forced him to re-file several times.
Boois claimed that after he had submitted a third notice of appeal, he opened a case against the clerk of the court and “that is how my notice of appeal dated 10 October 2016 was finally received”.
Boois's intended appeal was based on an argument that he had already spent five years and three months behind bars before his conviction and sentencing, and that the court failed to take that into account.
He further argued that he had played a crucial role in assisting the investigators after his arrest and had shown “genuine signs of remorse”.
The State opposed the appeal and argued that his 20-year sentence was “quite lenient” given the serious nature of the crime.
“The manner in which the offence was committed was brutal. The appellant and his two co-accused got into a taxi and brutally assaulted and stabbed the deceased,” the State submitted.
Amadhila, still alive after he had been stabbed multiple times, was dumped on the roadside and left to die while the three drove away in his car.
The State further argued that Boois only confessed and cooperated with the police after he had been arrested at a roadblock, driving the victim's blood-stained car. The murder weapon was found in the car.
Boois's co-accused were brothers Naftali Eixab and Samuel Eixab, both of whom received the same sentence.
Boois was represented by Trevor Brockerhoff while the State was represented by Marthino Olivier from the Office of the Prosecutor-General.
JANA-MARI SMITH
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