Windhoek resident Erastus Heita, who is accused of killing his live-in girlfriend and mother of his children nearly three years ago, had his case provisionally withdrawn last week. 

Heita’s case was temporarily withdrawn by the court after his defence lawyer Eveline Nakale strongly objected to the State’s request to have the case postponed once more for further police investigations.

 It was her argument the State had ample time to finalise their investigations and obtain laboratory results and that Heita has incurred financial implications since 2017.  According to prosecutor Latoya Makumbo, the State is still waiting for laboratory results so the case can be forwarded to the prosecutor general for a decision. 

Makumbo said the extension sought is reasonable as the person who is supposed to draft a letter to request further investigations was not in the office. Magistrate Niinja Hochobes agreed with Nakale that the law indicates that an accused person may be tried within a reasonable time. 

Thus, he temporarily withdrew the case and refunded N$10 000 posted for Heita’s bail back to the depositor. The court indicated the 45-year-old Heita can be summoned once the State has placed its house in order.

 Heita was arrested in October 2017 after handing himself over to the police after he allegedly shot his live-in girlfriend and mother to his two children 29-year-old Maria Megameno Kamati in Windhoek’s Otjomuise.

 During his formal bail hearing, Heita informed the court Kamati’s death was accidental. In his defence, he said he accidentally shot her in the process of attempting to shoot an intruder who emerged from their bedroom wardrobe that early morning on 1 October 2017 at their apartment in Otjomuise. 

Police reports at the time stated Heita used his personal 9mm Makarov pistol in shooting his girlfriend. During the hearing, Heita took a no guilty plea. 

However, the investigating officer during her testimony stated that Kamati was not accidentally shot as Heita has claimed in his testimony. 

According to her testimony, Kamati was shot while in her sleep and the relationship between Kamati and Heita was violent and abusive.  

The prosecution charged Heita with a count of murder read with the provisions of the Combating of Domestic Violence Act of 2003 for the fatal shooting.

- mamakali@nepc.com.na