Appeal against long sentences temporarily removed from court roll

WINDHOEK, 21 JUL – An appeal by three men serving long custodial sentences for the murder of the owner of HAMS Security in November 2009, was on Friday temporarily removed from the High Court roll.
Willem Kawulefelwa Valombola, 38; Toivo Kashipolo, 31; and Otjiwarongo resident Fillipus Shishiveni Nomongula, 32; were on 05 September 2015 sentenced to long prison terms 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.
The appeal hearing was scheduled to start before Judge Naomi Shivute, but the judge ordered the removal of the matter from the roll for the time being because of the incomplete record placed before court.
The appeal will, however, be placed back on the roll at a later stage once all documentation needed for the hearing is available.
In addition, the judge also ordered both State Advocate Ethel Ndlovu and the appellants’ defence lawyers Christian Nambahu and Kadhila Amoomo to ensure that all documents are in place before it is placed back on the court roll.
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.
Valombola was the driver and owner of the getaway vehicle used in the armed robbery.
Kashipolo was the person who fired the shots that claimed De Jager’s life and was arrested on the scene 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.
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 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.
(NAMPA)