Maria Amakali
A 35-year-old woman, who was convicted by Windhoek Regional Court for assaulting her neighbour to death in Katutura, withdrew her appeal in the High Court on Friday. In February, Holtensia Kamati approached the High Court, citing the Windhoek Regional Court erred and misdirected itself when it convicted her of murder without a direct intent to kill.
In her application, she indicated the sentence imposed by the court induced a sense of shock, and that it is harsh, unfair and manifestly excessive in view of the circumstances around the incident. She argued the court overemphasised the injuries of the victim whilst completely disregarding and downplaying the fact that the victim was the aggressor who firstly violently attacked her.
Kamati further indicated the court misdirected itself when it refused the notion that she was acting in self-defence when she threw the same brick with which the victim hit her. However, on Friday, Kamati, through her lawyer Hezekiah Awaseb, indicated that they were withdrawing the appeal.
“A fresh notice of appeal, accompanied by an application for condonation for the late filing of the new notice of appeal,” explained Awaseb. Adding they will be filing a new appeal within 14 days. Judge Claudia Claasen removed the case from the roll and deemed it finalised. In January, magistrate Ileni Velikoshi convicted Kamati of murder with direct intent for the death of her neighbour Johannes Kapewasha. Velikoshi sentenced her to 12 years imprisonment.
In his judgement, Velikoshi indicated although the evidence presented during the trial showed that Kamati did not intend to bring about the death of Kapewasha when she threw a brick at his head in a bar in Windhoek on 15 November 2018, she foresaw that he could be killed.
The court concluded Kamati acted recklessly and used excessive force and determination when she attacked Kapewasha from the back without notice. Kapewasha was killed by the blow to his head, which fractured his skull. Before Kamati inflicted the fatal injury, she and Kapewasha had been involved in a physical fight while at a bar, during which they threw stones at each other. Following the confrontation, Kamati’s boyfriend allegedly tried to diffuse the argument by removing her from the bar and locking her inside their shack.
However, she allegedly escaped without her partner’s knowledge. It is alleged after escaping from the shack, Kamati returned to the bar, approached Kapewasha from behind and hit him with a brick on his head and he collapsed to the ground. The incident happened at the bar, where the suspect resides. Kapewasha died on the spot.
– mamakali@nepc.com.na