A man who was sentenced to 28 years imprisonment for murder is seeking leave to appeal his murder conviction in the Supreme Court.
Joshua Hituamata was slapped with a lengthy jail term after he was found guilty for the shooting and killing of Nathanael Mushihange at a Katutura bar over N$164. Windhoek High Court Judge Naomi Shivute had convicted and sentenced Hituamata (52) to 28 years behind bars in March 2017 for killing Mushihange.
Hituamata is currently seeking leave in the High Court in order to appeal his sentence in the Supreme Court. During his appearance yesterday, Hituamata informed the court he has not yet secured a government-funded lawyer to help him with his bid. “Legal Aid did not respond to my request yet and I could not enquire as we are not allowed to have phones in prison,” explained Hituamata after he was asked about his legal representation status.
Consequently, Judge Shivute set down the matter to 16 March for him to get legal representation.
According to the indictment, Hituamata and Mushihange were hanging out at a local bar on 12 July 2013 at Okuryangava, in the district of Windhoek. A dispute between the two, over N$164 that was in the jackpot machine, erupted.
The deceased allegedly claimed the whole amount whilst Hituamata demanded N$100 of the amount. Hituamata then pulled out a 7.65 pistol and shot the deceased in the arm, resulting in the deceased falling down to the floor. But after the deceased fell to the ground, Hituamata fired more bullets at the deceased’s head and chest.
Mushihange was pronounced dead on the scene after being hit by six bullets. During the trial, Hituamata informed the court that he acted in self-defence when he shot the deceased on the date in question.
At the time of his conviction and sentence, factors such as being a first-time offender, having stayed in custody for four years, paying compensation to the family as required by the traditional authority, contributing towards funeral expenses of the deceased and showing remorse by apologising to the court and the deceased’s family all worked in Hituamata’s favour of getting a lighter sentence.