THE lingering ghost of a cold-blooded double farm murder of a decade ago made one more return to court last week, but without changing the outcome of the trial that followed on that crime: double-life-term prisoner John Narib remains convicted, and his jail terms stand unchanged.
Narib’s appeal against his seven-year-old conviction on two counts of murder and one of robbery with aggravating circumstances was turned down by the Supreme Court on Friday last week. The Supreme Court’s judgement means that the verdict that Judge Mavis Gibson had handed down in the High Court in early March 1997, when she convicted Narib and a co-accused, Patrick Somseb, and sentenced each to two life terms of imprisonment for murder and also to 10 years in prison for armed robbery, remains unaltered.The two men were found guilty of crimes that Acting Judge of Appeal Bryan O’Linn described as “gruesome” in last Friday’s Supreme Court judgement.Those crimes were the murder of a farming couple, Gustav Schultz (66) and his 59-year-old wife, Ingeborg, at their farm Olifantsfontein close to Grootfontein on September 3, 1994.The Schultzes were shot dead in their farm house, whereafter their attackers stole a 7,65 mm pistol and an unknown amount of cash from them.Although four suspects went on trial before Judge Gibson for the crime, only Somseb and Narib were found guilty.The case before Judge Gibson, and also the appeal before the Supreme Court, was difficult to decide, Acting Judge of Appeal O’Linn remarked in the Supreme Court’s judgement.However, he added, there was “substantial additional evidence and other incriminating factors” on top of confessions and admissions by Narib to support the High Court’s verdict – which was that Narib was one part of a group of people involved in the attack on the Schultzes in their home on an otherwise peaceful Saturday afternoon.From Acting Judge of Appeal O’Linn’s judgement it is evident that what once again counted heavily against Narib was evidence – which he had tried to dispute – that he had confessed his involvement in the murders and robbery and had also pointed out features of the crime scene to Police officers investigating the case.Justice O’Linn also made a significant other finding, though.Having analysed at length the evidence of witnesses that testified at the High Court trial, he indicated that it could not be found that there were only two people involved in the double slaying.There was a reasonable possibility that any of three other people who were named at the trial may have been involved, he indicated.One of them was named Gustav Tjambula.He had also been on trial with Narib, Somseb and a fourth suspect, Lukas Tjambula.Gustav and Lukas Tjambula were both acquitted and discharged at the end of the prosecution’s case in the trial.That decision of the High Court had however been wrong, Acting Judge of Appeal O’Linn ruled; there had been enough evidence against him to have required Gustav Tjambula to present his defence case to the trial court.But sometimes what is done cannot be undone – so, somewhere in Namibia a possibly guilty double murderer and robber may be remaining free and unpunished.John Narib, though, will not.Acting Chief Justice Johan Strydom and Judge Of Appeal Pio Teek agreed with Justice O’Linn’s judgement.The Supreme Court’s judgement means that the verdict that Judge Mavis Gibson had handed down in the High Court in early March 1997, when she convicted Narib and a co-accused, Patrick Somseb, and sentenced each to two life terms of imprisonment for murder and also to 10 years in prison for armed robbery, remains unaltered.The two men were found guilty of crimes that Acting Judge of Appeal Bryan O’Linn described as “gruesome” in last Friday’s Supreme Court judgement.Those crimes were the murder of a farming couple, Gustav Schultz (66) and his 59-year-old wife, Ingeborg, at their farm Olifantsfontein close to Grootfontein on September 3, 1994.The Schultzes were shot dead in their farm house, whereafter their attackers stole a 7,65 mm pistol and an unknown amount of cash from them.Although four suspects went on trial before Judge Gibson for the crime, only Somseb and Narib were found guilty.The case before Judge Gibson, and also the appeal before the Supreme Court, was difficult to decide, Acting Judge of Appeal O’Linn remarked in the Supreme Court’s judgement.However, he added, there was “substantial additional evidence and other incriminating factors” on top of confessions and admissions by Narib to support the High Court’s verdict – which was that Narib was one part of a group of people involved in the attack on the Schultzes in their home on an otherwise peaceful Saturday afternoon.From Acting Judge of Appeal O’Linn’s judgement it is evident that what once again counted heavily against Narib was evidence – which he had tried to dispute – that he had confessed his involvement in the murders and robbery and had also pointed out features of the crime scene to Police officers investigating the case.Justice O’Linn also made a significant other finding, though.Having analysed at length the evidence of witnesses that testified at the High Court trial, he indicated that it could not be found that there were only two people involved in the double slaying.There was a reasonable possibility that any of three other people who were named at the trial may have been involved, he indicated.One of them was named Gustav Tjambula.He had also been on trial with Narib, Somseb and a fourth suspect, Lukas Tjambula.Gustav and Lukas Tjambula were both acquitted and discharged at the end of the prosecution’s case in the trial.That decision of the High Court had however been wrong, Acting Judge of Appeal O’Linn ruled; there had been enough evidence against him to have required Gustav Tjambula to present his defence case to the trial court.But sometimes what is done cannot be undone – so, somewhere in Namibia a possibly guilty double murderer and robber may be remaining free and unpunished.John Narib, though, will not.Acting Chief Justice Johan Strydom and Judge Of Appeal Pio Teek agreed with Justice O’Linn’s judgement.
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