One of the convicts, Stockley Kauejao (51), who was sentenced to 25 years imprisonment in connection with the murder of stock theft investigator Hiambepo 'Major' Kazeurua, is seeking leave to appeal his conviction with the Supreme Court.
Kauejao was sentenced in July 2025 by Windhoek High Court Acting Judge Alfred Siboleka for the murder of Kazeurua on 28 December 2012 in the Omaheke region.
Alongside Kauejao, Matheu Kakururume (38) and Muvare Kaporo (32) also got an effective 25 years for murder, following their conviction in April for strangling the deceased and then burning and concealing his body.
In addition, the three were each sentenced to 15 years imprisonment for stock theft and a further five years for defeating or obstructing the course of justice. A fourth accused in the matter, Afas Kamutjemo (49), was sentenced to 15 years imprisonment for stock theft and an additional five years for defeating or obstructing the course of justice.
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Kauejao, whom Siboleka described as the mastermind and who orchestrated the theft of 15 head of cattle and directed the brutal killing, is now back in court.
He is seeking a redirection against his conviction and for leave to appeal the conviction in the Supreme Court.
During the hearing on Friday, his lawyer, Salomon Kanyemba, contended that the High Court erred in arriving at its decision and that there are reasonable prospects of success on appeal.
Kanyemba contended on the evidence used by the State through confessions made by Kakururume and Kaporo, who admitted to the killing of the deceased and theft of the cattle, allegedly acting under the direction and authority of the appellant.
He argued that for these confessions to be admissible as evidence against a co-accused, it must comply with the requirements set in a cited legal precedent.
He added that the evidence of a State witness, Jesaya Daniel, that the court relied on to convict the appellant and which formed a critical part of the State's case, failed to provide direct or credible proof linking the appellant to the commission of murder or defeating the course of justice.
He stated that by his own admission, Daniel had no direct knowledge of the content of the telephone conversation between Kaporo with the appellant and no evidence ever stated that Kauejao directed him to kill the deceased.
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The absence of direct proof rendered any inference of guilt speculative and inconsistent with the standard set out in legal precedents, he argued.
He said that there was no evidence that linked the appellant to the killing of the deceased and the theft of the stock.
Here, the absence of any witness or physical evidence to corroborate with the alleged instructions means the probability threshold was not met, and the trial court should not have convicted in this regard, he added.
The lawyer also argued that the court erred in failing to accord due weight to the appellant's consistent versions.
He added that the evidence relating to the stolen cattle was fraught with contradictions and identification flaws, including conflicting testimony on brand marks and the witness' questionable ability to identify cattle in poor conditions.
These inconsistencies create reasonable doubt as to the ownership and possession, meaning the State failed to discharge its onus, he put forth.
He prayed that the court gives the appellant an opportunity for leave to appeal, as he strongly believes that a different court would arrive at a different conclusion.
The State, represented by Dominic Lisulo, stated that the application for leave to appeal is opposed on the basis that there is no prospect of success on appeal. -
