A man, who is serving 20 years imprisonment for gang-raping a woman near Otavi in 2010, wants the High Court to reconsider his sentence.
In his appeal, Moses Pieters (46) claims his sentence of 20 years imprisonment imposed on him by the Otjiwarongo Regional Court is hefty and induces a sense of shock.
According to him, the lower court erred when it deemed the complainant as a credible witness and relied on her testimony to convict him on rape and assault charges.
Furthermore, the court believed the complainant identified him as one of the perpetrators.
“The court misdirected itself in law when it failed to approach the evidence of the complainant, a sole witness to the commission of the offences, with caution and to weigh up her testimony against all other factors,” said Pieters.
He said the court further erred when it failed to consider his personal circumstances, which were compelling to the court for it to impose a lesser sentence than the one it imposed.
In August 2018, the court convicted Pieters alongside Michael Gawiseb (43) on four charges of rape, a count of assault with intent to cause grievous bodily harm and a charge of assault by threat.
During their sentencing, the court noted that the pair planned the crimes that they committed, kept the victim captive for hours while they raped her repeatedly, and during their trial showed no remorse.
Gawiseb and Pieters gang-raped a woman at Otavi during the early morning hours of 14 November 2010.
Gawiseb, who was serving 60 years imprisonment as a result of the conviction, successfully appealed.
The court ordered some of his sentences to run concurrently, leaving him with a cumulative sentence of 45 years.
Appeal judges Dinah Usiku and Naomi Shivute will hear the matter on 23 September.
– mamakali@nepc.com.na