Windhoek-The man who on trial for the alleged murder of his friend at a local shebeen in Katutura, Windhoek is due to hear his fate next year. Simeon Mwalundila Malakia, who is out on bail, is said to have cut his friend Simeon Uugwanga’s life short when he stabbed him several times four years ago.
Malakia is charged with murder for fatally stabbing Uugwanga on September 14, 2013 in Katutura. Uugwanga was stabbed five times on his body, but Malakia has denied guilt on the grounds he never meant to kill or harm Uugwanga, as he was merely defending himself on the day in question.
During the trial the prosecution stood its ground, stating that Malakia’s actions exceeded the bounds of a private defense, because of the five stab wounds and the location of the wounds on the body. “Five stab wounds do not indicate that the accused was acting in self-defense,” said Prosecutor Erastus Hatutale.
Among the stab wounds sustained by the deceased, one was located on his back, which does not support the version of the accused that he was facing him when the stabbing occurred, according to the prosecution.
“This honourable court should not believe the version of the accused. The State has proven beyond reasonable doubt that the accused person should be convicted on the charge of murder. The grounds of self-defense have not been met in this case,” Hatutale argued.
In his defense, Malakia said the day before the accused died, they were at a local shebeen in Katutura when the deceased started insulting him and pushing him. After the verbal assault by the deceased the accused decided to leave the bar and go home.
According to him, they later found themselves at the same bar where the deceased allegedly informed the accused they were not done with what transpired the day before. He said they walked out of the bar and crossed the road and that the deceased immediately wanted to fight with him.
He apparently had a bottle, stone and knife with him. Malakia said he could recall being struck eight times by the deceased with a bottle before the latter took out a knife.
“The accused used what was at hand to defend himself. He was not the one that had a knife, nor was he the one that started the fight. The grounds of self-defense have been met and may the honourable court find the accused person not guilty of murder,” Malakia’s defense attorney Flora Gaes said.
The court is set to deliver judgment in the matter on February 5, 2018. Malaki’s bail was extended until his next appearance in court.