Lichtenstrasser's second appeal attempt shot down
Convicted double murderer faces decades in jail
The 62-year-old was found guilty of shooting and killing two men in April 2019.
Convicted double murderer Ernst Lichtenstrasser (62) will not be allowed to appeal his sentence of 66 years in prison.
This after Judge Christie Liebenberg rejected his application for leave to appeal in the Windhoek High Court on Monday. This was Lichtenstrasser's second attempt to challenge his sentence and conviction.
The first application for leave to appeal was rejected three months ago and, at the time, Liebenberg recommended that Lichtenstrasser lodge the application again from scratch with more complete reasoning.
‘Too vague’
State prosecutor Antonia Verhoef said she could not respond to the reasons Lichtenstrasser set out in his application because they were too vague. The grounds for his latest application for leave to appeal were the allegations that his constitutional right to a fair trial was violated and that the court was biased against him during his trial.
He further claimed that his constitutional right to human dignity was violated by police officers before he made a confession when he was in custody. He argued that on this basis, his confession should not have been admitted as evidence in his trial.
However, in his ruling in the application, Liebenberg argued that none of Lichtenstrasser's rights were violated.
Liebenberg rejected the application, adding that he believes Lichtenstrasser has no prospects of success if he submits an appeal application to the Supreme Court.
Trial and judgment
In April 2019, Lichtenstrasser shot and killed Namibia Institute of Mining and Technology (NIMT) director Eckhart Mueller and his deputy Heimo Hellwig at the Arandis campus.
It was speculated that Lichtenstraaser, who was employed by NIMT, was dissatisfied with a council decision that he should be transferred from Tsumeb to Keetmanshoop.
In April of this year, Liebenberg imposed two life sentences on Lichtenstrasser for the murders and an additional 16 years for other charges he was found guilty of - obstructing or defeating the course of justice, the illegal possession of a firearm without a licence and the illegal possession of ammunition.
Liebenberg also found that Lichtenstrasser planned the murders and that he is a danger to society.
In his judgment, he said Lichtenstrasser deserved no sympathy. "Although sympathy should not be earned or insisted on, it will only be shown in well-deserved cases. The present case is not such a case. The accused's shameless, merciless execution of the deceased [was] unjust, extreme and unworthy of any form of sympathy."
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This after Judge Christie Liebenberg rejected his application for leave to appeal in the Windhoek High Court on Monday. This was Lichtenstrasser's second attempt to challenge his sentence and conviction.
The first application for leave to appeal was rejected three months ago and, at the time, Liebenberg recommended that Lichtenstrasser lodge the application again from scratch with more complete reasoning.
‘Too vague’
State prosecutor Antonia Verhoef said she could not respond to the reasons Lichtenstrasser set out in his application because they were too vague. The grounds for his latest application for leave to appeal were the allegations that his constitutional right to a fair trial was violated and that the court was biased against him during his trial.
He further claimed that his constitutional right to human dignity was violated by police officers before he made a confession when he was in custody. He argued that on this basis, his confession should not have been admitted as evidence in his trial.
However, in his ruling in the application, Liebenberg argued that none of Lichtenstrasser's rights were violated.
Liebenberg rejected the application, adding that he believes Lichtenstrasser has no prospects of success if he submits an appeal application to the Supreme Court.
Trial and judgment
In April 2019, Lichtenstrasser shot and killed Namibia Institute of Mining and Technology (NIMT) director Eckhart Mueller and his deputy Heimo Hellwig at the Arandis campus.
It was speculated that Lichtenstraaser, who was employed by NIMT, was dissatisfied with a council decision that he should be transferred from Tsumeb to Keetmanshoop.
In April of this year, Liebenberg imposed two life sentences on Lichtenstrasser for the murders and an additional 16 years for other charges he was found guilty of - obstructing or defeating the course of justice, the illegal possession of a firearm without a licence and the illegal possession of ammunition.
Liebenberg also found that Lichtenstrasser planned the murders and that he is a danger to society.
In his judgment, he said Lichtenstrasser deserved no sympathy. "Although sympathy should not be earned or insisted on, it will only be shown in well-deserved cases. The present case is not such a case. The accused's shameless, merciless execution of the deceased [was] unjust, extreme and unworthy of any form of sympathy."
– [email protected]
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