WINDHOEK - The investigating officer in the murder of Joseph Adriaan (Shorty) Barth yesterday testified that the investigation into the killing of Barth showed the murder was intentional.
The officer says it is also premeditated, contrary to claims by the accused that he did not intend to take the life of his victim.
Sergeant Victor Matengu Sipopo of the Rehoboth Police told Windhoek High Court Acting Judge that it is his belief the accused, Jan Moses Uamunika intended to kill Barth.
The investigator said this on the third day after Uamunika denied guilt at the start of his trial this week.
According to the state, Uamunika killed Barth on his farm Naruchas, 28 kilometres from Rehoboth, during the period August 30 to 31, 2017 and robbed him of a small solar panel (valued at N$500), one brown leather wallet (valued at N$150), a white VW Golf sedan (valued at N$12 500) and the keys to the Golf.
He is further accused of stealing one STK cellphone and SIM card from the deceased.
Uamunika was employed by Barth on Farm Naruchas and that during the late afternoon hours of August 30, they travelled from Rehoboth to the farm in the vehicle of the deceased.
During the same afternoon, the indictment read, Uamunika shot Barth in both his legs with a .22 rifle belonging to the deceased and further assaulted Barth by hitting, cutting, stabbing him with sticks and/or other unknown objects on his head and body, fracturing his ribs and tying his hands and feet with ropes.
The deceased died on the scene due to blunt force injury to his head caused by the assault on him, it is charged.
Uamunika then loaded the stolen items into the vehicle of Barth and drove off with it in the direction of Rehoboth where he abandoned it, the charge sheet states, where-after he fled to Mariental where he sold a cellphone borrowed to him by the deceased.
He was arrested two months later in Mariental.
Uamunika pleaded not guilty to the charges and entered a plea explanation in which he pleaded self-defence.
According to him, on the day in question, he and the deceased went to a China shop in Rehoboth where the deceased bought him a cellphone with the condition that the price was to be deducted from his salary before they drove to the farm later that afternoon and worked until late pumping water where-after the deceased informed him that he was returning to Rehoboth.
When he enquired about his outstanding salary, the deceased informed him that he did not have money and when he did not except the explanation and demanded his salary, the deceased became angry and told him “You people ask for work and then just cry for your money”, Uamunika explained.
“Without any reason, just to my surprise, out of the blue, the deceased slapped me with his open hand on the right side of my face and I fell to the ground. While still on the ground, the deceased came to me but I managed to get up and punch the deceased twice in the face to move away from me (sic).”
Uaminika went on to say that the deceased then said to him “today I will kill you” and ran towards the car, which had a rifle in it.
He managed to get hold of a stick and moved towards the deceased, who was already in possession of the rifle, but he managed to get hold of the rifle and a struggle erupted between them for possession of the rifle, Uamunika stated.
He further said that in the process of fighting for the rifle, he used the stick to beat the deceased in the ribs and later on the knees and the deceased let go of the rifle and he (Uamunika) threw it (rifle) away.
He denied firing any shots at the deceased.
Uamunika said that he then got ropes from the kraal, which he used to tie up the deceased.
He denied any intention to injure or kill the deceased and said he was just defending himself against an attack by the deceased.
The trial is continuing today and Uamunika is represented by Milton Engelbrecht and the State by Basson Lilungwe.
2019-09-06 07:46:40 | 2 months ago