WINDHOEK – The three men convicted of the murder of taxi driver Alfons Rijatue were refused leave to appeal against both their conviction and sentence in the High Court.
Judge Naomi Shivute told Jacky Jackson, Kavetu Kwandu and Isaskar Nau-Gaweseb on Friday that she saw no prospects of success in their appeal applications and did not see another court coming to a different conclusion.
They were convicted of murder, robbery with aggravating circumstances and attempting to defeat or obstruct the course of justice. They were sentenced to a combined total of 108 years.
Jackson and Kwandu were sentenced to 40 years imprisonment each and Nau-Gaweseb who had a previous conviction for murder to 42 years behind bars.
They wanted to appeal against both conviction and sentence. Judge Shivute found them of acting with a common purpose when Rijatue was shot at close range with a shotgun at the Hage Geingob Stadium during the period of April 18 to 19, 2010.
After the murder they loaded the body into Rijatue’s taxi and drove it to a secluded area where they dumped the body.
All three argued that the court misdirected itself when it found there was common purpose while there was no existing agreement between them at all, according to them.
They were also all in agreement that the sentences imposed are so severe they induce a sense of shock and are totally inappropriate and that the offences were committed out of the same incidence or circumstance and should have been taken together for the purpose of sentencing.
State Advocate Ethel Ndlovu who opposed the application on behalf of the State argued that the court was correct in finding common purpose existed.
She further stated that the court did not misdirect itself in the sentencing as the sentences are in proportion to other sentences imposed for similar crimes.
Judge Shivute said that in her view she made the correct decision when she convicted the applicants, relying on the doctrine of common purpose.
She said she considered the requisites for the doctrine and was satisfied that they were met.
According to the judge she looked at the factual circumstances of the case and weighed the probabilities of each version. Although the witness Matheus Nambahu was a single witness, she found him to be credible and reliable in his testimony.
“The court rejected the versions of the applicants because their versions could not be reasonably true under the circumstances,” Judge Shivute reiterated.
She said the reasons for the convictions are stated in her judgment and she still holds the same views expressed therein and the findings made have not changed.
She stated it is on these grounds that she holds the view that the applicants were correctly convicted and their prospects of success on appeal are “very slim”.
On the sentences imposed she said sentencing is a matter for the discretion of the trial court. Judge Shivute said she exercised her discretion properly in sentencing the appellants by considering the personal circumstances of each accused, the seriousness of the offence and the interest of society.
“The court found that the applicant’s personal circumstances were outweighed by the interest of society,” she said.
She noted she was satisfied she did not misdirect herself and was of the opinion that the sentence imposed is appropriate in the circumstances.
In the end, she said she holds the view there are no reasonable prospects that the Supreme Court would come to a different conclusion.
Jackson was represented by Trevor Brockerhoff, Kwandu by Mese Tjituri and Nau-Gaweseb by Bronell Uirab on the ticket of legal aid.