WINDHOEK, 17 MAY – An appeal by Rundu resident, Joseph Wasuka Nunda, who was convicted of robbing and murdering a German flight instructor here in 2005, is scheduled to be heard in the High Court here on Friday.
Nunda, 37, was on 19 June 2014 sent to jail for 20 years along with Dumingu Zuzee da Costa by High Court Judge Nate Ndauendapo for the death of Ralph Köhnke, 34.
On 19 January 2018, Nunda made another appearance before the same judge when he was informed that the hearing of his planned appeal case is set down for 18 May 2018.
Nunda, also on the aforementioned date, provided the court with all the documents needed for the hearing of the appeal bid, including an application of condonation in which he explained in detail the reasons why he brought the appeal application before court very late. He was supposed to lodge the appeal within the prescribed 14 days after the sentence was handed down.
In the appeal, Nunda is asking the court to reduce his custodial sentence, saying there was some misdirection by the court in judgement and sentencing.
Da Costa is not part of this appeal application.
Nunda and Da Costa were imprisoned after they were found guilty of murder with direct intention to kill, robbery with aggravating circumstances and defeating or obstructing the course of justice, or alternatively violating a dead human body by setting Köhnke alight shortly after killing him.
Köhnke’s burned remains were found in the Goreangab Dam area in Katutura on 29 December 2005.
He was struck on the head with a brick or another object and died due to skull fracture.
After Köhnke was killed, Nunda and Da Costa loaded his body into a car, transported it to an area near the dam and set the body on fire in an attempt to destroy evidence.
The two men also stole goods including computer equipment, tools, a safe, two firearms and an unknown amount of money in cash from Köhnke’s house after his death.
Nunda is representing himself in the appeal bid, because the Justice Ministry’s Directorate of Legal Aid refused to appoint a government-funded defence lawyer for him.
State Advocate Innocentia Nyoni will defend the prosecution during the appeal hearing.