Maria Amakali
Windhoek-An Angolan national who was convicted of drug dealing in 2015 will remain in prison after his attempt to have his sentence reversed was dismissed by the High Court on Friday.
Daniel Mavunga Kabenda, 40, was sentenced to seven years imprisonment of which three years were suspended for being in possession of 2.52 kg of cocaine with a street value of N$1.2 million in April 2013.
Kabenda had approached the High Court, stating that the magistrate who dealt with his case in 2015 misdirected herself by relying on evidence that had been stolen and tampered with.
In his appeal Kabenda further stated that the magistrate misdirected herself in regard to the value of the drugs.
“In my view, the magistrate exercised her discretion judicially in sentencing the appellant (Kabenda) and it does not induce a sense of shock,” said Judge Nate Ndauendapo before ruling that the matter has been struck from the roll.
Kabenda, who was a student at the time of his arrest, was found with 2.25kg of cocaine buried in the backyard of the rented house in Windhoek’s Rocky Crest. The police found N$21 650 in cash stashed in a suitcase hidden in a wardrobe. The drugs were later stolen and could not be presented in court as exhibits.
“The prosecution’s case against the appellant (Kabenda) was proven beyond a reasonable doubt,” explained Judge Nate Ndauendapo. Furthermore being a student did not stop Kabenda from committing the offence, he added.
Kabenda had pleaded not guilty to the charge and an alternative count of possession of cocaine but had disclosed to the police that he in fact bought the cocaine from Angola for U$40 000 (N$538 149.85).
He further stated that prior to his arrest he was trading and selling the cocaine in small bags of 10 grams at a price of N$3 000 each.