31 Mar 2017 07:10am
WINDHOEK, 31 MAR (NAMPA) - A Namibian Police Force (NamPol) constable on trial in the High Court for killing a man in a shooting outside a nightclub in Khomasdal five years ago, was on Thursday found guilty.
The 31-year-old Justine Munsu Simataa was found guilty on the first count of murder with direct intent to kill in the incident that claimed the life of Windhoek resident, Firmino Fabrice Mael at Image on 26 October 2012.
Simataa was also found guilty on the charge of attempted murder, malicious damage to property and negligent discharge of a firearm while in a public place.
The attempted murder charge is for shooting the deceased person's friend, Millikan Likando, at least three times while the malicious damage to property charge is because of the shots Simataa fired at the car of the deceased and his friends.
High Court Judge Nate Ndauendapo handed down the judgement.
Simataa pleaded not guilty to all charges at the start of his trial in May 2016 and has been free on bail of N.dollars 2 000.
The court, following his convictions on the charges, withdrew his bail.
Judge Ndauendapo said the intention of Simataas actions is unquestionable.
You fired these shots after some members of the public had already intervened in the fistfight between you, the deceased person and his friends. Your conduct of shooting at the victim and his friends after a fight exceeded the boundaries of self-defence.
The judge stressed that Simataas actions were with the direct intention to kill after the deceased and his friends were already in the car that he fired at.
The deceased was hit about eight times in the chest and head, according to the post-mortem report presented before court as evidence.
The trial resumes on 05 April 2017 for the submission of the presentencing evidence before court.
State Advocate Constance Moyo is appearing for the State.
Mbanga Siyomuinji is representing the convicted Simataa, who is in police custody until the trial resumes.
Simataa is a first offender with no previous record of a criminal offence.