WINDHOEK – Investigations into the matter in which constable Linus Nzwana, 25, an off-duty police officer allegedly shot a man to death in Shandumbala, Katutura in August are incomplete and the matter was remanded to November 26 in the Katutura Magistrate’s Court yesterday.
Nzwana was granted bail of N$5000 early last month.
As part of his bail conditions, Nzwana has to report daily at the Katutura police station between 8am and 9am and again between 5pm and 6pm. He should not interfere with police investigations or contact his girlfriend Mercy Matanyane, who was allegedly in the vehicle with him when the tragic incident happened.
Nzwana is also forbidden from leaving Windhoek without informing the investigating officer.
Nzwana made his first appearance in August facing a charge of murder. He was denied bail and filed a formal bail application.
During his bail hearing he maintained that he acted in “self defence” when he fatally shot Joel Martin, 22, in the chest as he feared the deceased may hit him with a bottle.
The police officer testified that Martin was carrying a 750ml Hunters bottle and was in the process of hitting him. In defence he drew his pistol and shot Martin.
State Prosecutor Anthony Wilson asked Nzwana if there was anything else he could do, rather than shoot the deceased, and he replied that shooting the victim was the last option he had – he could not run away, as he may have been struck with the bottle. He said he feared the deceased accompanied by two men would steal his car if he abandoned it.
Louis La Grange, of La Grange Legal Practitioners represents Nzwana. While being questioned by his defence lawyer, Nzwana informed the court that on Saturday, August 10, he was driving in Shandumbala with Mercy Matanyane when three men were in front of his car in the road. He said he asked them what was happening, “why are you walking in the road”, and the deceased allegedly said, ‘If you are a police officer, you think you can just tell me what to do.’
Nzwama informed the court the deceased was holding the bottle on its neck, and he was afraid he may be hit with the bottle, so he cocked his pistol on his belt, took it out and shot Martin.
Chief Inspector Pretunilla Kauna Shikwambi, who is the head of media relations of the Namibian Police, told a Sunday media briefing in August that on Saturday, August 10, in Shandumbala, Katutura, 22-year-old Joel Martin died instantly after he was shot in the chest by a police officer.
The officer was off duty, driving his private car and he allegedly requested Martin to refrain from walking in the road because it was dangerous whereafter an argument erupted between the two.
Martin allegedly attempted to hit the police officer with a bottle that he had in his hand. The police officer then drew his private pistol and shot Martin in the chest.
The police officer reported the matter at the Katutura police station.
By Tunomukwathi Asino