Maria Amakali
Windhoek-The defence lawyer in a case of murder wants his client acquitted of all charges he is facing, on grounds the State arguably failed to prove its case beyond any reasonable doubt.
The prosecution is charging Alfred Goseb with a count of murder and a count of assault with intent to do grievous bodily harm in connection with the death of Manfred Gowaseb in December 2011 in Katutura, Windhoek.
Goseb’s defence counsel Donald Lameck during submissions informed the court the State heavily relied on one witness statement of Henock Uirab who is the second victim in relation to the assault charge.
Furthermore, the State did a sloppy job as they failed to call to the witness stand police officers who were at the crime scene and on this basis he argued his client should be acquitted on both charges.
According to Uirab’s testimony, on December 3, 2011, he and the deceased were coming from the deceased’s home when they came across a certain Botijie.
It is alleged the deceased and Botijie started fighting over the stove which was being loaded into Goseb’s truck.
In an attempt to retain his stove Goseb allegedly pulled out a panga and chopped the deceased’s cheek with the panga.
During the tussle Uirab too got injured and he sustained an injury to his arm. After the ordeal Goseb and Botijie drove off leaving the deceased bleeding heavily.
The accused was arrested that same day by the police who were close by when the incident occurred. The deceased was then hospitalised but was pronounced dead a few hours later. Goseb has denied guilt to both counts, stating he was not around thus he did not cut the two victims.
The State has dismissed Goseb’s version of events that he did not cut the deceased with a panga, thus he should be convicted on both charges.
“A panga is a dangerous weapon and a reasonable person in the position of the accused would have foreseen that striking someone with a panga the person might die,” explained prosecutor Menencia Hinda.