Andara murder case postponed to 2021
PG’s decision not available yet
03 November 2020 | Crime
KENYA KAMBOWE
RUNDU
The absence of a prosecutor-general's decision to prosecute has led to the postponement of the murder case of two Chinese nationals accused of killing Haushiku Muyevu (32) to January next year.
The two accused, Xuefeng Chen (30) and Zhenhai Zhou (32), were granted bail of N$100 000 each by Magistrate Sonia Samupofu at the Mukwe Period Court on 18 August and the matter was postponed to last Tuesday as the court waited for the prosecutor-general's decision and a ballistics report. According to the court record, the prosecutor-general's decision is still outstanding. But the court record also shows that the prosecutor-general had given instructions prior to her decision and it appears they were not complied with. It was on these grounds that Magistrate Samupofu postponed the matter to 4 January 2021.
The accused, who are out on bail, were warned not to abscond.
They must continue to report to the Divundu police station every Friday, may not interfere with witnesses and their travel documents remain in police custody.
Not guilty plea
The two accused have pleaded not guilty to charges of murder and the illegal discharge of a firearm in public. The accused are represented by Slysken Makando.
The two suspects allegedly shot Muyevu four times on 17 April 2019.
According to police reports, Muyevu, who was employed by the suspects, had demanded severance pay following his dismissal earlier that day. An argument ensued, during which the suspects allegedly shot Muyevu and left him to die outside their shop. During their initial bail application in September last year, the two suspects claimed they had acted in self-defence after being attacked with a hammer.
Zhou denied the State's version that he had travelled from Divundu to Andara with the two guns used to kill Muyevu.
He said he carried his gun with him at all times, while Chen had his own firearm, which was under the counter of his shop.
Zhou said when he arrived at Chen's shop, Muyevu and Chen had already been involved in a heated argument. He told the court that while he and Chen were behind the counter, they saw Muyevu pick up a hammer inside the shop.
He claimed that when Muyevu approached them, Chen pulled his gun from under the counter to defend himself. Zhou said while Chen and Muyevu were scuffling, he saw that Muyevu was in a position to hurt Chen with the hammer.
It was at that point that he fired the first shots, while aiming at the right arm of deceased.
“My intent was not to kill. I took out my gun when I saw the deceased trying to beat Chen's head with a hammer. At that moment I did not want to kill; I simply wanted to disarm him by shooting at the arm which was armed,” Zhou testified.
Zhou then demonstrated in court how Chen, who was falling, also shot the victim. State prosecutor Steven Haradoeb described Zhou's testimony as “far-fetched”.
Court records show that the families of the two accused have spent close to N$39 000 to assist Muyevu's family in terms of customary law.
[email protected]
RUNDU
The absence of a prosecutor-general's decision to prosecute has led to the postponement of the murder case of two Chinese nationals accused of killing Haushiku Muyevu (32) to January next year.
The two accused, Xuefeng Chen (30) and Zhenhai Zhou (32), were granted bail of N$100 000 each by Magistrate Sonia Samupofu at the Mukwe Period Court on 18 August and the matter was postponed to last Tuesday as the court waited for the prosecutor-general's decision and a ballistics report. According to the court record, the prosecutor-general's decision is still outstanding. But the court record also shows that the prosecutor-general had given instructions prior to her decision and it appears they were not complied with. It was on these grounds that Magistrate Samupofu postponed the matter to 4 January 2021.
The accused, who are out on bail, were warned not to abscond.
They must continue to report to the Divundu police station every Friday, may not interfere with witnesses and their travel documents remain in police custody.
Not guilty plea
The two accused have pleaded not guilty to charges of murder and the illegal discharge of a firearm in public. The accused are represented by Slysken Makando.
The two suspects allegedly shot Muyevu four times on 17 April 2019.
According to police reports, Muyevu, who was employed by the suspects, had demanded severance pay following his dismissal earlier that day. An argument ensued, during which the suspects allegedly shot Muyevu and left him to die outside their shop. During their initial bail application in September last year, the two suspects claimed they had acted in self-defence after being attacked with a hammer.
Zhou denied the State's version that he had travelled from Divundu to Andara with the two guns used to kill Muyevu.
He said he carried his gun with him at all times, while Chen had his own firearm, which was under the counter of his shop.
Zhou said when he arrived at Chen's shop, Muyevu and Chen had already been involved in a heated argument. He told the court that while he and Chen were behind the counter, they saw Muyevu pick up a hammer inside the shop.
He claimed that when Muyevu approached them, Chen pulled his gun from under the counter to defend himself. Zhou said while Chen and Muyevu were scuffling, he saw that Muyevu was in a position to hurt Chen with the hammer.
It was at that point that he fired the first shots, while aiming at the right arm of deceased.
“My intent was not to kill. I took out my gun when I saw the deceased trying to beat Chen's head with a hammer. At that moment I did not want to kill; I simply wanted to disarm him by shooting at the arm which was armed,” Zhou testified.
Zhou then demonstrated in court how Chen, who was falling, also shot the victim. State prosecutor Steven Haradoeb described Zhou's testimony as “far-fetched”.
Court records show that the families of the two accused have spent close to N$39 000 to assist Muyevu's family in terms of customary law.
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