“It is my considered view when regard is had to all the evidence placed before the trial court on this matter, that all three accused were correctly convicted on the counts of murder and robbery with aggravating circumstances.”
With this statement Judge Alfred Siboleka dismissed an appeal by a killer convicted in 2010 by the Windhoek Regional Court.
Regional Magistrate Dinah Usiku – as she was titled at the time – convicted Samuel Eixab, Naftali Eixab and Josephat Boois on March 24, 2010 and sentenced each to an effective 20 years in jail for the murder of taxi driver Fillemon Ndeshipanda Amadhila, 35, on the Kupferberg road on the southwestern outskirts of Windhoek on December 10, 2004, and of robbing Amadhila by stealing the car he was driving, an unknown amount of money, as well as clothes from him.
Both Samuel and Naftali lodged appeals against both the conviction and sentence, but Naftali abandoned his appeal before the start. According to Judge Siboleka – with Judge Naomi Shivute concurring – Usiku correctly convicted the appellant (Samuel) and his co-accused in the matter.
He said the evidence of Boois clearly corroborates that of the appellant in material aspects.
Judge Siboleka said the fact that Samuel and Boois both testified that he (Samuel) took a lift to see his girlfriend in Okahandja, from where he would proceed to Khorixas for a birthday party.
He said there is no way Boois could have known the appellant’s movements so accurately if they were not together on the day of the incident.
He said the appellant’s own sister did not know he was in Okahandja, a fact she only came to know about when he phoned and asked his father to put aside N$200 for his ride back to Windhoek.
Furthermore, there is corroboration of Boois’ evidence by other prosecution witnesses, as well as exhibits handed in at court.
Samuel acted in person and State Advocate Jack Eixab represented the State.