The Katutura Magistrate’s Court is scheduled to give a ruling in the matter of a 30-year-old Windhoek resident who is on trial for the death of his brother over N$20.
Magistrate Vanessa Stanley gave the date of 19 October for judgement after the trial came to a conclusion.
Immanuel Nepela who is currently on bail is on trial for a charge of murder read with the provisions of Domestic Violence Act for the death of his older brother, Salatiel Nghiyolwa (33).
The prosecution is charging that on 19 June 2018, Nepela unlawfully and intentionally killed his brother Nghiyolwa when he fatally stabbed him. Nghiyolwa died after he was stabbed with a knife in the ribs at Eehambo dhaNehale informal settlement in Hakahana, Windhoek.
At the start of his trial, Nepela tendered a no guilty plea. In his defence, he acted in self-defence and he allegedly did not intend to kill his brother on the fateful day as alleged by the state.
During the trial, Soini Nghiyolwa, a sister to the accused and deceased, testified that Nghiyolwa who is a taxi driver took firewood the previous week to Nepela for his grilled meat business.
The agreement was that Nepela would give Nghiyolwa N$20 later in the day for the firewood.
Later on, the brothers got into the argument over the payment of the wood. It is alleged that Nepela then pushed and overpowered Nghiyolwa who dislocated his arm and strangled him which caused him to pass out for some time.
It was the sister’s testimony that the accused, who was panicking, called her to relate the ordeal but at the same time, deceased had regained consciousness.
However, the argument allegedly continued the following day and family members suggested that the brothers should be separated.
It was the family’s decision that Nepela should move out of their shared shack. Furthermore, they suggested that Nepela should go to the north, an order he allegedly refused. One of the State witnesses allegedly saw Nepela later that night crying while following the main road in the location.
Witnesses testified that Nepela was allegedly seen holding a bloodstained knife saying that he had just killed his brother.
Nghiyolwa was found in their shack, lying on the floor in a pool of blood.
According to the post-mortem report prepared by Dr Leena Ashipala, three penetrating stab wounds were observed; one to the upper quadrant of the abdomen and two to the bicep muscles.
She concluded that the deceased died from excessive bleeding and hypovolemic shock, which was caused by the stab wound to the abdomen.
Nepela is being represented by local defence lawyer Uajakuje Kazapua. Sirka Nangolo is prosecuting for the State.
– mamakali@nepc.com.na