Defence seeks lesser charge in Chicago’s Bar shooting

The bail application of murder accused Gabes Shiimi (31) continued in the Windhoek Magistrate's Court on Wednesday, with the defence arguing the charge should be reduced to culpable homicide.

Shiimi has been in custody for 10 months following his arrest in June last year over the death of 35-year-old Nande Mulokoshi, who died after being struck by a stray bullet.

Magistrate Immanuel Udjombala heard from investigating officer Warrant Officer Joseph Sakaria on Wednesday, with the State opposing bail.

Sakaria told the court that Shiimi, who faces charges of murder and discharging a firearm in a municipal area, acted negligently and recklessly when he fired a weapon at Chicago Bar & Lounge in Windhoek.

During cross-examination, Shiimi's lawyer Vetu Uanivi put to the investigating officer that murder requires proof of intent to kill. He argued that if the conduct was negligent and reckless, as the prosecution is saying, it would amount to culpable homicide rather than murder.

Not guilty

Shiimi was allegedly involved in an argument at the venue and was escorted out by bouncers. He allegedly went to his vehicle, retrieved a firearm and opened fire.

His affidavit states that he had no intention to kill anyone.

“I maintain that I am innocent. I have previously indicated before this court that I did not at any point approach any person, point a firearm at them and kill them,” he testified.

Shiimi intends to plead not guilty at trial. 

He told the court he could afford bail of N$5 000.

The investigator also said this week that Shiimi may face additional charges, including attempted murder, attempted robbery and conspiracy to commit murder. The investigating officer told the court that further arrests are expected.

After initially firing into the air, Shiimi allegedly returned to his vehicle to reload before firing randomly.

One of those shots struck and killed Mulokoshi, who eyewitnesses told the court had no involvement in the earlier altercation.

The court also heard that the bullet ricocheted off the glass door at the bar's entrance and struck Mulokoshi.

Sakaria testified that Shiimi and Mulokoshi were not known to each other and that the initial argument was between Shiimi and Mulokoshi's friend.

Serious charges

In opposing bail, public prosecutor Eric Naikaku told the court the offence was serious and that Shiimi could abscond or interfere with ongoing investigations. He also argued it would not be in the public interest to release the accused.

The defence questioned why bail had been refused, noting that others facing similarly serious charges had been released.

The defence also outlined Shiimi's personal circumstances, telling the court he is medically unfit and suffers from chronic conditions requiring ongoing treatment. The court was informed that he uses crutches and requires hip replacement surgery.

The court also heard that Shiimi earned N$15 000 a month before his arrest and is the father of a six-year-old child.

The matter was set to continue on Thursday.

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