Narimab not off the hook over murder
A young man who was set free and discharged in March this year on charges of rape and murder of a schoolgirl more than four years ago, may possibly face the same charges again.
The High Court discharged Fransiscus Dimitri Narimab, 24, after it found that there was no prima facie evidence presented by the State upon which a reasonable court may convict him.
However, the Supreme Court granted the State leave to appeal and it is now expected to file the appeal within three months from the date of the order.
Judge Shafimana Ueitele who was standing in for the trial judge, Justice Boas Usiku, postponed the matter to 27 October for a status hearing.
Narimab was set free after he was acquitted on a charge of murder, two counts of rape, robbery with aggravating circumstances and defeating or obstructing or attempting to defeat the course of justice, in respect of the death of the girl.
His lawyer Mbanga Siyomuinji had brought the application for his discharge which now appears to be short-lived.
He was, along with Ruben Fritz, accused of the rape and murder of Windhoek schoolgirl Alwina Uri-Khos during the evening of March 28 to 29, 2013.
The body of the girl was found dumped in the bush between the Shandumbala residential area and the Western Bypass.
State Advocate Ethel Ndlovu in papers initially submitted with the petition to the Supreme Court argued there are reasonable prospects of success on appeal as set out in their grounds.
“Another court will find that there was evidence linking Narimab to the four counts justifying him to be put on defence,” she stated.
Ndlovu argued the selling of the cell phone which was proved to belong to Uri-Khos and was with her at the time of her death linked him to the charges.
She added that the State witnesses, Romario Gariseb and Immanuel Iyambo, testified that Narimab and Fritz were selling the cell phone.
She emphasised Narimab was the initiator of the negotiations although Fritz had the cell phone in his hands and added that during the bail application, he informed the court that he knew that the deceased had a Nokia cell phone before she died and it had scratched screen.
“This evidence raises a reasonable suspicion that he was aware that the cell phone they were selling belonged to Uri-Khos,” she argued.
The State prosecutor argued that where there is evidence of receiving stolen property knowing it was stolen against Narimab he should not have been discharged.
FRED GOEIEMAN
The High Court discharged Fransiscus Dimitri Narimab, 24, after it found that there was no prima facie evidence presented by the State upon which a reasonable court may convict him.
However, the Supreme Court granted the State leave to appeal and it is now expected to file the appeal within three months from the date of the order.
Judge Shafimana Ueitele who was standing in for the trial judge, Justice Boas Usiku, postponed the matter to 27 October for a status hearing.
Narimab was set free after he was acquitted on a charge of murder, two counts of rape, robbery with aggravating circumstances and defeating or obstructing or attempting to defeat the course of justice, in respect of the death of the girl.
His lawyer Mbanga Siyomuinji had brought the application for his discharge which now appears to be short-lived.
He was, along with Ruben Fritz, accused of the rape and murder of Windhoek schoolgirl Alwina Uri-Khos during the evening of March 28 to 29, 2013.
The body of the girl was found dumped in the bush between the Shandumbala residential area and the Western Bypass.
State Advocate Ethel Ndlovu in papers initially submitted with the petition to the Supreme Court argued there are reasonable prospects of success on appeal as set out in their grounds.
“Another court will find that there was evidence linking Narimab to the four counts justifying him to be put on defence,” she stated.
Ndlovu argued the selling of the cell phone which was proved to belong to Uri-Khos and was with her at the time of her death linked him to the charges.
She added that the State witnesses, Romario Gariseb and Immanuel Iyambo, testified that Narimab and Fritz were selling the cell phone.
She emphasised Narimab was the initiator of the negotiations although Fritz had the cell phone in his hands and added that during the bail application, he informed the court that he knew that the deceased had a Nokia cell phone before she died and it had scratched screen.
“This evidence raises a reasonable suspicion that he was aware that the cell phone they were selling belonged to Uri-Khos,” she argued.
The State prosecutor argued that where there is evidence of receiving stolen property knowing it was stolen against Narimab he should not have been discharged.
FRED GOEIEMAN
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