Windhoek-The State yesterday closed its case against Simon Tjooya, who stands accused of killing a man over of a bottle of liquor in Windhoek five years ago.
Prosecutor Menencia Nhinda called the last state witness to the stand in the Windhoek Regional Court to testify to the events that led to the death of Issy Swartz on November 3, 2012.
Tjooya, who appeared from custody before Magistrate Elina Nandago, faces a charge of murder and a charge of robbery. The prosecution alleges that Tjooya unlawfully and with intent killed Swartz by stabbing him with a knife in the vicinity of Windhoek’s informal settlement of Goreangab on the date in question.
“The State has proven its case, that the accused person acted unlawfully and should be convicted on two counts, as set out by the prosecutor general with count one for murder and count two for robbery,” said Nhinda.
Cornelius Eixab, who took the stand to testify, explained that he and the accused are related and were together on the date Swartz died. He testified that accused had told him that he had stabbed Swartz.
Eixab informed the court that on November 3, 2012 he was out drinking all day with his uncle, Tjooya, and three other friends at a local shebeen.
He recalls being called by Tjooya to step outside. He said as they were walking they noticed there was a man in front of them holding a liquor bottle of Richelieu.
“He told me that we should get the bottle from the person,” Eixab recalled. He said he assumed the bottle belonged to Tjooya, but when they approached Swartz and wanted to take the bottle from him, he started running – and they followed suit.
Swartz allegedly ran into a shack. Upon arrival at the shack, Eixab saw Tjooya leaving the shack with a bottle of Richelieu in one hand and a knife dripping with blood in the other.
“Even though I didn’t see him do it, he told me that he stabbed the guy and I saw the blood on the knife he was holding,” Eixab testified. They then returned to the shebeen and drank the brandy from the bottle they took from the hands of the dead man, he said.
The defense is yet to call its only witness, Tjooya, to the stand to testify to the events that led to the death of Swartz.