Windhoek businessman accused of killing woman to hear fate in October

04 Sep 2019 14:50pm
WINDHOEK, 04 SEP (NAMPA) – A prominent Windhoek businessman who stands accused of shooting and killing a woman at a bar in Katutura in April 2014, will hear his fate in October when the High Court here hands down the judgement.
High Court Judge Naomi Shivute, who is presiding over the trial, on Wednesday said she will deliver her verdict on 16 October 2019.
Judge Shivute said this shortly after she listened to oral submissions by State Advocate Palmer Khumalo and the accused’s Legal Aid-funded defence lawyer, Trevor Brockerhoff, in respect of the type of judgement to be handed down in the matter.
The businessman, 59-year-old Sakaria ‘Sacky’ Mathias, faces several charges in respect of the shooting that led to the death of Magdalena Fredericks, 21, at his bar in Kamberipa Street in Katutura.
Other charges are attempted murder for shooting and wounding State witness Patrick Hawala in the legs during the incident; pointing a firearm at another State witness, David Nelongo; illegal possession of a firearm without a licence; illegal possession of ammunition (without a licensed firearm to use them) and attempting to defeat or frustrate the course of justice when he allegedly threw away the pistol used in the incident.
In his oral submissions for judgement on Wednesday, Khumalo asked the judge to convict the businessman on a charge of murdering the woman with direct intent to kill.
However, Brockerhoff for the accused businessman, said his client did not intentionally shoot and kill Fredericks because he acted in self-defence and was a victim of crime at the time of the shooting incident. He said Mathias was under imminent threat as a group of five robbers had allegedly attacked him with knives at his place of business on 09 April 2014.
Brockerhoff asked the court to acquit his client because he said the firearm he used during the incident belonged to his assailants, who wanted to rob him of N.dollars 2 500.
Mathias, through his State-funded lawyer, has handed in a statement in terms of Section 115 of the Criminal Procedures Act of 1977 in which he denied guilt or any involvement in the shooting that claimed Fredericks’s life.
A summary of substantial facts contained in the charge sheet has it that Mathias allegedly shot and killed Fredericks out of jealousy after he found her in the company of other men in the vicinity of the bar.
It is alleged that Mathias and the deceased were in a romantic relationship at the time of the incident.
The businessman is free on bail of N.dollars 5 000 and his bail was on Wednesday extended until 16 October 2019, pending the handing down of the judgement.