Double killer's appeal bid fails
The High Court is not satisfied that there is prospect of success on appeal.
The application for leave to appeal by a double killer against his 20-year sentence was dismissed by the Windhoek High Court on Tuesday.
Judge Albert Siboleka ruled on the application that the cumulative sentence of 20 years imposed against the double murderer Eliakim Nampindi was appropriate. He appeared in person in his appeal bid.
The judge emphasised there is no prospect of success on appeal in view of the brutal manner in which the two deceased, and the victim on the third count of attempted murder, were savagely stabbed with a knife.
The convict was 52 when he murdered a fellow farmworker Paul Fredericks, 46, at a farm in the Hoachanas area north of Mariental on 5 March 2009.
Fredericks was stabbed in the chest with a knife after he and another employee at the farm had told Nampindi that they did not want to drink with him.
Nampindi was released on bail in January 2010 and failed to appear in court on the charge stemming from the killing of Fredericks.
He was only rearrested a year and four months later. This was after he was again involved in a fatal stabbing on 3 August 2011 at Schlip, situated to the west of Kalkrand.
This time he killed his former girlfriend Annetta Jantjies, 38, by stabbing her six times with a knife. During the same incident he also stabbed Salmon Rooinasie, in the back.
Rooinasie was visiting Jantjies.
On 22 July last year Siboleka sentenced Nampindi to 20 years in jail for murder of Fredericks, and a further 35-year prison term for the murder of Jantjies and eight years for attempting to murder Rooinasie.
He ordered that the sentences for the second murder and that of attempted murder to run concurrently with the 20-year prison term.
Siboleka said during Nampindi's sentencing that the brutal manner in which he took the lives of the two people he killed in March 2009 and August 2011 respectively, outweighed the mitigation circumstances, including his age.
Nampindi's grounds of appeal was based on allegations that the presiding judge in his trial erred in law or on facts in that he failed to strike a balance between the seriousness of the offence and interest of society to demand that courts imposed harsh sentences upon perpetrators making themselves guilty of serious offences.
He had also alleged that court erred in law or on facts in failing to apply the cumulative effect of sentences.
The judge said the application for leave to appeal generally requires a presence of reasonable prospect of success on appeal.
“Such a prospect is not apparent in this matter in view of the brutal manner in which the two deceased and the victim were attacked,” the judge concluded.
He added that despite the severity of the offences the court nonetheless still ordered the concurrent running of sentences in the first and third counts respectively.
FRED GOEIEMAN
Judge Albert Siboleka ruled on the application that the cumulative sentence of 20 years imposed against the double murderer Eliakim Nampindi was appropriate. He appeared in person in his appeal bid.
The judge emphasised there is no prospect of success on appeal in view of the brutal manner in which the two deceased, and the victim on the third count of attempted murder, were savagely stabbed with a knife.
The convict was 52 when he murdered a fellow farmworker Paul Fredericks, 46, at a farm in the Hoachanas area north of Mariental on 5 March 2009.
Fredericks was stabbed in the chest with a knife after he and another employee at the farm had told Nampindi that they did not want to drink with him.
Nampindi was released on bail in January 2010 and failed to appear in court on the charge stemming from the killing of Fredericks.
He was only rearrested a year and four months later. This was after he was again involved in a fatal stabbing on 3 August 2011 at Schlip, situated to the west of Kalkrand.
This time he killed his former girlfriend Annetta Jantjies, 38, by stabbing her six times with a knife. During the same incident he also stabbed Salmon Rooinasie, in the back.
Rooinasie was visiting Jantjies.
On 22 July last year Siboleka sentenced Nampindi to 20 years in jail for murder of Fredericks, and a further 35-year prison term for the murder of Jantjies and eight years for attempting to murder Rooinasie.
He ordered that the sentences for the second murder and that of attempted murder to run concurrently with the 20-year prison term.
Siboleka said during Nampindi's sentencing that the brutal manner in which he took the lives of the two people he killed in March 2009 and August 2011 respectively, outweighed the mitigation circumstances, including his age.
Nampindi's grounds of appeal was based on allegations that the presiding judge in his trial erred in law or on facts in that he failed to strike a balance between the seriousness of the offence and interest of society to demand that courts imposed harsh sentences upon perpetrators making themselves guilty of serious offences.
He had also alleged that court erred in law or on facts in failing to apply the cumulative effect of sentences.
The judge said the application for leave to appeal generally requires a presence of reasonable prospect of success on appeal.
“Such a prospect is not apparent in this matter in view of the brutal manner in which the two deceased and the victim were attacked,” the judge concluded.
He added that despite the severity of the offences the court nonetheless still ordered the concurrent running of sentences in the first and third counts respectively.
FRED GOEIEMAN
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