Narimab back in the dock
The trial of two men charged with the rape and murder of Alwina Uri-Khos between 28 and 29 March 2013 will resume after the Supreme Court overruled the acquittal of one of the accused.
Fransiscus Dimitri Narimab, whose lawyer had successfully argued for his discharge from a rape and murder trial on 16 March 2017, has had his short-lived freedom snatched away by the Supreme Court of Appeal.
The initial discharge ruling, handed down by acting High Court Judge Boas Usiku, was overturned this week.
The original case, in which Narimab is on trial alongside Ruben Fritz (17) for the rape and murder of Alwina Uri-Khos between 28 and 29 March 2013, will now resume.
Narimab had been acquitted on a charge of murder, two counts of rape, robbery with aggravating circumstances and defeating, obstructing or attempting to defeat the course of justice.
State advocate Ethel Ndlovu lodged the appeal, after Narimab was set free after a discharge application was brought by his state-funded defence lawyer Mbanga Siyomuinji.
A panel of three judges - Chief Justice Peter Shivute and acting justices of the Supreme Court Dave Smuts and Elton Hoff granted leave to appeal on 22 September last year and then overturned Narimab's discharge in their judgement this week.
When ruling on his application for discharge, Judge Usiku found there was no prima facie evidence presented by the prosecution.
During the night of the crime, Uri-Khos was in the company of Narimab and Fritz. They were seen socialising in different shebeens in Windhoek's Shandumbala area.
Uri-Khos was thrown to the ground, hit with stones and other unknown objects and robbed of her mobile telephone, a pair of shoes and her trousers. She was strangled to death after being hit with rocks on the head. Due to the blunt force trauma, she died on the spot.
The appeal grounds included that Judge Usiku had wrongly relied on the opinion of the investigation officer, only identified as Warrant Officer Mutilifa.
Mutifila testified there was nothing linking Narimab to the crime, apart from being implicated by Fritz.
Ndlovu had maintained in her grounds for appeal that the evidence of the investigating officer was incorrect.
According to her, Judge Usiku failed to consider the evidence of Hester Sisamu, Fritz's mother, who said a certain Speedo and the two accused were using drugs at the crime scene prior to the rape and murder.
Ndlovu had also argued the judge failed to consider the evidence of Baron Gariseb, who left Uri-Khos in the company of the two accused at around 22:00 in Omutuli Bar.
It was also alleged the evidence of Romario Goagoseb was also not considered, who was sold the victim's cellphone by Fritz in the early hours of 29 March 2013.
Narimab had allegedly initiated the sale.
He had also given different versions of when he parted with the victim and Fritz.
FRED GOEIEMAN
The initial discharge ruling, handed down by acting High Court Judge Boas Usiku, was overturned this week.
The original case, in which Narimab is on trial alongside Ruben Fritz (17) for the rape and murder of Alwina Uri-Khos between 28 and 29 March 2013, will now resume.
Narimab had been acquitted on a charge of murder, two counts of rape, robbery with aggravating circumstances and defeating, obstructing or attempting to defeat the course of justice.
State advocate Ethel Ndlovu lodged the appeal, after Narimab was set free after a discharge application was brought by his state-funded defence lawyer Mbanga Siyomuinji.
A panel of three judges - Chief Justice Peter Shivute and acting justices of the Supreme Court Dave Smuts and Elton Hoff granted leave to appeal on 22 September last year and then overturned Narimab's discharge in their judgement this week.
When ruling on his application for discharge, Judge Usiku found there was no prima facie evidence presented by the prosecution.
During the night of the crime, Uri-Khos was in the company of Narimab and Fritz. They were seen socialising in different shebeens in Windhoek's Shandumbala area.
Uri-Khos was thrown to the ground, hit with stones and other unknown objects and robbed of her mobile telephone, a pair of shoes and her trousers. She was strangled to death after being hit with rocks on the head. Due to the blunt force trauma, she died on the spot.
The appeal grounds included that Judge Usiku had wrongly relied on the opinion of the investigation officer, only identified as Warrant Officer Mutilifa.
Mutifila testified there was nothing linking Narimab to the crime, apart from being implicated by Fritz.
Ndlovu had maintained in her grounds for appeal that the evidence of the investigating officer was incorrect.
According to her, Judge Usiku failed to consider the evidence of Hester Sisamu, Fritz's mother, who said a certain Speedo and the two accused were using drugs at the crime scene prior to the rape and murder.
Ndlovu had also argued the judge failed to consider the evidence of Baron Gariseb, who left Uri-Khos in the company of the two accused at around 22:00 in Omutuli Bar.
It was also alleged the evidence of Romario Goagoseb was also not considered, who was sold the victim's cellphone by Fritz in the early hours of 29 March 2013.
Narimab had allegedly initiated the sale.
He had also given different versions of when he parted with the victim and Fritz.
FRED GOEIEMAN
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