05 Apr 2017 14:50pm
WINDHOEK, 05 APR (NAMPA) - A police constable found guilty in the High Court for killing a man in a shooting incident outside a nightclub in Khomasdal five years ago, has apologised for the loss of life.
The 31-year-old Justine Munsu Simataa was on 31 March 2017 found guilty by High Court Judge Nate Ndauendapo 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 nightclub Image here on 26 October 2012.
The convicted police constable tendered an apology on Wednesday morning while giving his evidence in mitigation of sentencing in the presence of his State-funded defence lawyer Mbanga Siyomuinji.
Simataa said he wholeheartedly regrets the shooting incident.
I had no intention to kill the deceased, said the police constable.
Simataa also told the court that he was sorry for the suffering he caused to the deceased's family and friends.
I had sleepless nights since the day of the shooting incident that claimed the life of the deceased as a result of my actions.
On 31 March 2017, Simataa was also found guilty on charges of attempted murder, malicious damage to property and negligent discharge of a firearm 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.
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.
You fired these shots after some members of the public had already intervened in the fistfight between you, the deceased person and his friends, said Ndauendapo during judgement, adding 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 postmortem report presented before court as evidence.
Advocate Constance Moyo is appearing for the State.
Siyomuinji is representing the convicted Simataa, who is in police custody until sentencing resumes.
Simataa is a first offender with no previous record of a criminal offence.
He grew up in the care of his mother and uncle at Katima Mulilo in the Zambezi Region.
He went to school up to Grade 12 before joining the Namibian Police Force.