Double killer gets chance to appeal

A PRISON inmate in the early stages of serving a jail term of more than six decades over a double murder committed in the Ovitoto area nine years ago will have a chance to appeal to the Supreme Court against his sentence.

A year and a half after being sentenced to an effective prison term of 63 years over the murder of his girlfriend and her mother, Julius Dausab has received leave from High Court judge Alfred Siboleka to challenge his sentence with an appeal to the Supreme Court.

In a ruling delivered in the Windhoek High Court on Friday last week, judge Siboleka, who found Dausab guilty at the end of January last year, dismissed Dausab’;s application to be allowed to appeal against his conviction as well, though. Considering the evidence that led to the verdict in which Dausab was pronounced guilty on two charges of murder and further counts of illegal possession of a firearm and ammunition, it was highly unlikely that another court would arrive at a different conclusion on the matter, judge Siboleka remarked in his ruling.

Dausab (48) was prosecuted and convicted over the killing of his girlfriend, Paulina Kenamune (27), and her mother, Elfriede Kenamune (44), who were killed when they were shot in the Ovitoto area east of Okahandja during the night of 3 to 4 June 2009.

In his ruling on Dausab’;s application to be given leave to appeal against his conviction and sentence, judge Siboleka noted that evidence in the trial showed that a rifle found in Dausab’;s possession was positively linked to spent cartridges found at the scene of the double killing, while an eyewitness also placed Dausab at the scene with a rifle in his hands moments after Elfriede Kenamune had been struck by a bullet fired through the door of her house.

With respect to the sentence handed to Dausab, though, judge Siboleka noted that the Supreme Court ruled in February this year that prison terms exceeding the life expectancy of a sentenced offender are unconstitutional. An appeal by Dausab against his sentence would have merit, and should be allowed, the judge said.

Dausab was sentenced on 3 April last year.

Defence lawyer Mbanga Siyomunji represented Dausab with the hearing of his application for leave to appeal, while the state was represented by prosecutor Erick Moyo.

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