The defence team of a young man who stands accused of the death of two civilians and Windhoek City Police officer in a horrific car accident in 2015 wants him acquitted, claiming that there was fraud committed to secure a conviction.
According to Morne Mouton’s lawyer Sisa Namandje, there is admission of fraud by police officers, tampering of documents and mishandling of the accused’s blood samples.
Namandje further submitted the investigating officer failed to take measurements at the scene of the crime.
Thus, the court should approach the evidence with caution.
“The investigating officer under oath said that he did not take any measurements at the scene of the crime. How is the court supposed to determine if the accused was negligent or not when there are no measurements to work with?” Namandje questioned yesterday.
It was the defence submission that the State failed to prove its case and thus, should acquit Mouton of all charges.
Mouton who is out on warning is on trial for three counts of culpable homicide, driving under the influence of alcohol and reckless driving, all of which he has denied guilt.
The charges emanate from the gruesome accident, which resulted in the death of City Police officer Manfred Gaoseb and two civilians, namely Werner Simon, and Joshua Ngenokesho.
The incident took place on 4 July 2015, along Sam Nujoma Drive.
Although having denied guilt at the start of his trial, Mouton testified that he regrets the lives lost in the accident.
In his defence, Mouton testified that he was not intoxicated on the date in question.
It was his testimony that he had to immediately sway off the road to his left after he saw a man crossing the road.
He, however, could not see clearly as his vision was blurred by the lights of the vehicles that were parked on both sides of the road facing the oncoming traffic, Mouton claimed.
Although he cannot recall at what speed he was driving the car, he was allegedly not speeding as stated by State witnesses.
He informed the court he had no idea he had struck people when he crashed into the car that was parked on the side of the road.
The State which is represented by prosecutor Rowan van Wyk has called on the court to convict Mouton on all charges, stating the State has managed to prove its case beyond reasonable doubt.
According to the State, factors such as the Mouton’s excessive alcohol level, the distance of the scattered bodies and the distance where his car came to a standstill indicate the impact and speed he was driving at.
He said this was over the limit and reckless.
“The accused failed to take the necessary steps that would not result in an accident and he ought to have foreseen the consequences of his actions,” said Van Wyk.
The State argued Mouton’s version of events should be treated as that of a single witness since there is no other witness that can collaborate his version.
State witnesses testified City Police officers were attending to a call about a house break-in, in the vicinity of Hochland Park.
During a routine police patrol, the officers allegedly came across three unknown men standing next to a stationary taxi along Sam Nujoma Drive.
The officers allegedly pulled over to question the unknown men.
As the officers were busy interrogating the unknown men, they noticed an approaching grey VW polo vehicle that was being driven at high speed.
According to Sergeant Queeny Flietes, the surviving victim, they were expecting the vehicle to come to a halt, but it did not.
Mouton’s car allegedly bumped into the stationary police vehicle consequently hitting and instantly killing Gaoseb and two men.
A police officer who was one of the people to arrive at the scene and took the stand as one of the witnesses explained that the scene was a very horrific site, which was bloody and had body parts scattered.
According to witnesses, Mouton was highly intoxicated.
Magistrate Vanessa Stanley is scheduled to deliver a verdict on 5 November.
– mamakali@nepc.com.na
Morne Mouton