WINDHOEK, 24 MAY – The appeal by three men serving long custodial sentences for the murder of the owner of HAMS Security in November 2009, will start in the High Court on 20 July 2018.
Willem Kawulefelwa Valombola, 38; Toivo Kashipolo, 31; and Otjiwarongo resident Fillipus Shishiveni Nomongula, 32; were on 05 September 2015 sentenced to prison after they were found guilty of five charges in connection with the death of Andries de Jager, 68, in Windhoek’s Northern Industrial Area on 02 November 2009.
They appeared before High Court Judges Alfred Siboleka and Naomi Shivute on Wednesday, when a date for the start of the appeal hearing was decided upon by State Advocate Ethel Ndlovu and the three convicts’ government-funded defence lawyers Kadhila Amoomo and Christian Nambahu.
Valombola was sentenced to 60 years and nine months imprisonment, while Kashipolo got a jail term of 55 years and nine months and Nomongula was sentenced to 57 years and nine months in prison.
High Court Judge Shivute handed down the sentences.
The three men lodged the joint appeal on the grounds that their prison sentences are allegedly longer than custodial terms handed down in similar criminal cases.
They now want the court to review the totality of the evidence presented during judgement and sentencing, and reduce their sentences.
“These crimes were committed by the three men out of greed for money. You showed no genuine remorse for the crimes you committed. The murder of Andries de Jager was committed with an actual intention to kill and you showed no mercy to the victim,” Shivute said at the time of sentencing.
The men were found guilty because they were found to have acted in common purpose before, during and after the commission of the crime.
Valombola was the driver and owner of the getaway vehicle used after the armed robbery.
Kashipolo was the person who fired the shots that claimed De Jager’s life and was arrested on the scene of the crime after he was injured during a shoot-out with other HAMS security officers and members of the Namibian Police Force’s Reserve Unit.
Kashipolo also took a briefcase containing N.dollars 172 488 which was in De Jager’s possession at the time of the incident.
Nomongula was implicated in the incident after the wounded Kashipolo informed investigating officers that Nomongula had talked him into getting involved in the robbery.
Nomongula was also at the scene of the crime and was the person who fired some shots at the HAMS security company’s pick-up that was transporting security guards during the incident.
He (Nomongula) then escaped from the scene of the crime in a taxi.
His fingerprints were, however, lifted from the BMW sedan some days before his arrest.
De Jager and one of his security guards were attacked upon their return from a bank, where they had gone to collect money to pay the wages of HAMS Security employees.
The N.dollars 172 488 was recovered at the scene.
The three convicts are serving their sentences at the Windhoek Central Correctional Facility.