Maria Amakali
Windhoek-Anthea Arnold, a Windhoek resident who is on trial for allegedly fatally shooting and killing her former German lover, is set to hear her fate this week.
The state and the defence team presented their submissions in the Windhoek Magistrate’s Court, Katutura on Friday for the court to decide whether Arnold is guilty or innocent of murder. Magistrate Ileni Velikoshi is presiding.
Arnold, 32, stands accused of intentionally and unlawfully killing her former lover of five years, 52-year-old Michael Breder, by shooting him on May 15, 2011.
Arnold, who has denied guilt, allegedly took Breder’s handgun and shot him while seated in his car in his backyard in Windhoek’s Southern Industrial Area.
During submissions, state prosecutor Erastus Hatutale informed the court: “We submit that the version of the accused that she was acting in self-defence cannot be true and it should be disregarded by this honourable court.”
The prosecution indicated that Arnold’s version of events of how she shot the deceased did not add up.
Arnold indicated during her testimony that they were seated in the car, with the deceased seated in the passenger seat in front while she was seated at the back. According to her, Breder turned and was in between the driver’s and passenger seat when he was assaulting her.
“The post-mortem report indicates that the gunshot that killed the deceased penetrated from the back as the gunshot wound was found in the middle of the deceased’s back. Which is inconsistent with the accused’s version that she shot the deceased while he was facing her,” noted Hatutale.
Hatutale pointed out that depending on the circumstances of the crime committed, the state has proven beyond a reasonable doubt that the accused intentionally killed the deceased. He further stated the elements of self-defence have not been met in this particular case.
Arnold’s defence counsel Mbanga Siyomunji said that when she grabbed the gun and shot Breder, his client was acting in self-defence as she feared for her life.
“The accused has a right to life and to protect her body. She has the right to protect her life if she feels threatened.
The actions of the accused indicate that of an innocent person who was just got caught up in a very bad situation,” explained Siyomunji.
“What were Breder’s intentions of having a gun moments after assaulting the accused? …. The question that this honourable court should ask is what would have happened if the accused did not grab the gun from the deceased,” said Siyomunji.
The defence team is convinced the prosecution failed to prove the accused’s version is not true, since no other version was presented. Thus the accused should be acquitted on the charge of murder.
In building its case against Arnold the state relied mostly on witnesses who were not present when the crime was committed.
Having heard both sides, the magistrate Velikoshi said he would deliver his judgement on Thursday.