Windhoek
An eyewitness to the killing of Firmino Fabrice Mael at a local bar in Khomasdal, yesterday told the court how the accused pointed his gun at Mael and fired off several shots.
Police officer Justine Simataa allegedly fired nine shots into the body of Mael in retaliation for being beaten up by the deceased and his friends.
According to the witness, Genevieve Pearl Fisher, she was standing outside the bar while her boyfriend, Lee Golden, and the accused were talking when three or four men, including the deceased, came out of the bar and assaulted the accused by beating him with their fists and kicking him.
“They hit him with fists and kicked him a tail (slang for kicking his feet out from under him) and continued to kick him while he was on the ground,” Fisher recounted.
“My boyfriend then went to help the deceased and he (the accused) went to the security guard who gave him something. The next moment he walked to the car while loading the magazine into the gun, pointed the gun at the driver and started shooting,” she testified.
The witness further said she could not recall how many shots were fired and could only hear “twa! twa” as the shots were fired at the deceased.
On a question from State Advocate Constance Moyo whether she saw Simataa load the gun, she said she assumed so as she could hear the click sounds made by the gun.
Fisher said that after the shooting Simataa just walked away with the gun in his hand.
After her testimony, Golden testified and basically confirmed the testimony of Fisher although he differed from her on the timeframe of the assault on Simataa.
While Fisher estimated it lasted at least 10 to 15 minutes, Golden said it was over within a matter of minutes, five at the most. He however confirmed Simataa went to the security guard to fetch something before he returned to the car and fired the shots.
Simataa on the other hand claims he had the firearm on his person during the attack and while still under attack managed to pull it free and fired random shots to protect himself, his State funded lawyer, Mbanga Siyomunji, told the witnesses.
Simataa faces four charges. He is charged with murder for shooting Mael and further charged with attempted murder for shooting Millikan Likando at least three times, or alternatively negligent discharge of a firearm.
He also faces charges of malicious damage to property because the shots he fired struck the car of the deceased, as well as discharge of a firearm in a public place.
He pleaded not guilty to all charges at the start of his trial in May and is free on bail of N$2 000.