Windhoek-Simon Tjooya who stands accused of killing Issy Swartz over a bottle of brandy is set to hear judgement in his case this month. With the heads of argument presented, the magistrate Elina Nandago said judgement will be ready on February 23.
Tjooya, 29, is on trial for what the prosecution deems an unlawful and intentional killing. Tjooya is charged with a count of murder for the death of Swartz who died from a stab wound on November 03, 2012 in Windhoek’s informal settlement of Goreangab.
During submissions the state indicated that with the testimony of Henry Ndakolute, an eyewitness, it is clear Tjooya is responsible for Swartz’s death. Ndakolute, a police officer, testified that he saw Tjooya stabbing Swartz.
It was revealed during the trial that Tjooya ran after Swartz and robbed him of a bottle of Richelieu brandy before inflicting a stab wound that ended his life on that fateful day.
“It is the state’s submission that the court should reject the accused’s version in totality and convict him on a charge of murder,” said the prosecutor Mennecia Hinda.
Tjooya has denied intentionally killing Swartz, stating that he was not even aware at the time that Swartz had died.
Tjooya’s defence team pointed out that there were no witnesses who saw Tjooya stabbing Swartz.
Furthermore, there is an inconsistency in the versions of the witnesses.
According to the defence team the state had failed to prove beyond reasonable doubt an intent to kill which would have secured them a conviction.
“Even if the accused did stab the deceased, all the elements need to be proven beyond reasonable doubt for a conviction,” explained Tjooya’s defence attorney Quine Fenyeho.
In the defence’s view this warrants an acquittal on a charge of murder.