The High Court is faced with the challenge of deciding whether or not to grant a double murder convict’s request to re-open his case for fingerprint analysis.
Nikodemus Urikhob, who has served 20 years of his 25-year sentence, wants the High Court to compel the safety and security ministry and the prosecutor general to have the fingerprints that tie him to two murders examined by a private fingerprint expert. He further wants the court to compel the police to testify about how they managed to bring forth a new set of fingerprints after he was charged and disclosure was done by the prosecution before his trial. “They must provide me with the original certified copies of the police docket, particularly the Pol 31 used for comparison purposes and the original police statement of sergeant Nico Green, showing how he lifted the alleged fingerprints at the scene of the crime and how he linked me to the offence in question,” said Urikhob.
The convict further wants the court to set aside his conviction and sentence and order his immediate release from police detention.
The State, represented by Millicent Kastoor, wants the court to dismiss Urikhob’s application, citing it is not urgent. According to Kastoor, the urgency is self-made and thus the court should dismiss the application. The State is of the view that Urikhob is misusing the court processes as he appealed his conviction to the Supreme Court and the court confirmed his conviction and sentence. The convict already launched three applications with the High Court and with this current application, he is merely reciting the facts already dealt with by the High and Supreme courts, said the State. He was convicted in 2002 on two counts of murder, two counts of housebreaking with intent to steal, a count of theft and another for robbery with aggravating circumstances.
The charges are in relation to the murders of Wilhelm Adrian (79) and his wife, Ottilie Adrian (77). The incident occurred on a couple’s farm in the district of Okahandja in April 2000.
Judge George Coleman will give a ruling on 3 November. -mamakali@nepc.com.na