Windhoek
Judge Naomi Shivute told murder suspect Gerhard Komeya on Tuesday she will give her verdict on August 21 on his guilt or not for the death of his live-in girlfriend, who died from a shotgun blast to the face at the couple’s home in Katutura.
State Advocate Cliff Lutibezi and defence counsel Monty Karuaihe made their final arguments before the judge.
Lutibezi argued that although some minor contradictions were present in the testimonies of the main state witnesses they corroborated each other in material aspects.
“My Lady, the witnesses was traumatised at the time as they just saw their sister and mother being killed right in front of them,” Lutibezi told the court.
He said the contradictions between the testimony of Rebekka Sheehama during the bail hearing and the main trial was minor and should not play a role in the decision of the court.
The mere fact Komeya’s own daughter, who may not be identified because she is a minor, corroborated Rebekka’s testimony, was evidence enough she was telling the truth.
Why, he asked, would the girl fabricate evidence against her own father when she had just lost one parent.
There was also evidence that she told the first person she saw after running out of the house that her father “shot her mother”.
He further argued evidence was produced that more than one shot was fired which excluded the claim of accidental shooting by Komeya.
Komeya claimed the deceased, Maria Kerttu Tunondjambi Sheehama, died as a result of a shot that went off accidentally while they were struggling for the gun.
Lutibezi however argued the evidence before court totally dispelled that notion.
He told the court no explanation was forthcoming from Komeya about the presence of a live round in the shotgun.
If the shot went off accidentally as claimed, Lutibezi said, then how come there was a live round in the chamber.
The only possible explanation is that Komeya himself loaded it in the gun when he threatened to shoot Tseehama as she testified, Lutibezi argued.
He urged the court to convict Komeya on all charges.
Karuaihe on the other hand told the court that the whole case rests on circumstantial evidence.
According to him the testimonies of the State’s own expert witnesses contradicted the testimonies of its main witnesses.
He said the doctor testified the shot that killed the deceased could not have been fired more than 30cm from the deceased while the so-called eyewitnesses said it was fired from four to five metres away.
While he could not explain the presence of the live shell in the gun Karuaihe, while not directly, implied the police could have had something to do with it.
“Since the moment the police arrived, my client was kept outside the house,” he said and continued that no-one other than the police would know what happened inside the house.
He said the court should reject the evidence of Rebekka Sheehama and the minor as false beyond reason.
“Rebekka is full of hatred for the accused and she admitted that if she had a gun she would kill the accused, so why would she not lie to secure his conviction?” Karuaihe asked.
He submitted there was too much doubt and where there is doubt the accused must be given the benefit of the doubt.
Karuaihe asked the court to acquit Komeya on all charges.