The appeal of Jandre Dippenaar, who was convicted on six counts of murder following a fatal road collision in 2014 and given a 15-year prison term in the Swakopmund Regional Court last year, is in limbo following incomplete court documents.
A status report submitted to the court on Wednesday shows that not every page of the record is individually numbered, and in certain instances, two different pages contain the same number. Additionally, not all exhibits are listed in the index compiled of the case record, and some exhibits or parts thereof have been omitted and/or repeated (while continuously numbered). Also, some exhibits were copied in black and white, whereas they should have been copied in colour, while A3-sized exhibits have been copied in A4 format and not properly scanned on the version uploaded onto E-justice. Portions of the record were served on the parties but not uploaded onto E-justice, while not all exhibits introduced before the court of first instance (Swakopmund Magistrate’s Court) form part of the record filed on E-justice. The Office of the Prosecutor General, which is opposing the appeal, suggested that in pursuance of the responsibility of the appellant to ensure that all copies of the record on appeal are in all respects properly before court, the parties must seek directions from the High Court, and propose that the legal practitioners of the appellant must recompile the record from the record served on the parties; provide copies of the exhibits used during the trial but not included in the record served, duly agreed upon by the parties to constitute the correct copy of such exhibit; and to upload same on E-justice.
They should also avail colour copies of all exhibits which were introduced in the magistrate’s court that were copied in black and white; and request the Registrar to upload the relevant parts of the record served on the parties but not uploaded on E-justice.
They should furthermore renumber the record correctly and upload same afresh on E-justice; compile a new index of the record on appeal, and take such steps or cause them to be done as the court may direct.
It was further proposed by the State, represented by Advocate Ethel Ndlovu, that the matter be postponed to 9 April to determine the correction and readiness of the case record on appeal, and that a full day be allocated to the hearing due to the voluminous nature of the record and extensive grounds of appeal filed.
She proposed a day between 3 and 6 June with the approval of the court, and further suggested that the appellant must file his heads of argument (not limited to 15 pages due to the nature and extent of the appeal) by 6 May, and the respondents by 13 May.
She further proposed that the matter be rolled over from 9 April to 14 May to finally set it down for hearing on the date reserved. High Court Deputy Judge President Nate Ndauendapo presided over the matter.
Regional Magistrate Gaynor Poulton convicted Dippenaar of murder with intent in the form of dolus eventualis, which refers to when an accused person can objectively foresee that his conduct is likely to cause the death of another, but proceeds to act regardless of the consequences of his conduct.
In addition to the 15-year prison term on the six counts of murder, Poulton sentenced Dippenaar to pay fines of N$8 000 for reckless driving and N$2 000 for driving without a valid licence. His driving licence was suspended for three months.
The court viewed Dippenaar’s actions as the cause of the deaths of six people. Three people in the vehicle driven by Dippenaar – Dinah Pretorius, Charlene Schoombee and JC Horn – lost their lives in the collision near Henties Bay on 29 December 2014. Three members of a German family who were visiting Namibia – Markus and Stephanie Joschko and their daughter Alexandra – were killed when the pickup in which they were travelling collided head-on with the car driven by Dippenaar. The youngest member of the German family, Antonia Joschko and Dippenaar, were the only survivors of the collision. -rrouth@nepc.com.na