Cop fined for firing gun
A member of the Drug Law Enforcement Unit of the Namibian police has found himself on the wrong side of the law.
Yesterday, in the Windhoek Magistrate's Court, Sinvula Sinvula, rank and age unknown, was found guilty of the negligent discharge of a firearm and fined N$4 000, or sentenced to 12 months in jail in default of payment.
He was further declared unfit to possess a firearm for a period of two years.
Magistrate Vanessa Stanley stated in the summary of her judgment that the accused was initially charged with attempted murder or alternatively, the negligent discharge or placement of a firearm.
She found him guilty on the alternative charge as she is not convinced the State had proven beyond reasonable doubt that Sinvula had intended to kill Tangeni Naftali, the victim in the matter.
According to her, as for the negligent discharge of a firearm there was no justification to fire shots under the circumstances - whether directly at the vehicle or in the air.
“Accordingly accused is convicted on the alternative charge of negligent discharge of a firearm,” Stanley concluded.
Naftali had testified that Sinvula, on the day of the incident, 14 March 2015, approached his taxi in Mose Tjitendero Street, Olympia, asking for a lift to Katutura. He said he declined as he was not going there.
As Sinvula turned from his car, Naftali saw that he had a firearm. He drove off thinking that Sinvula wanted to rob him.
Sinvula fired three shots at the taxi and Naftali had to stop due to a flat tyre caused by the shots. Sinvula, Naftali said, then informed him that he is a police officer and added that he shot at his vehicle because he suspected Naftali of being in possession of drugs.
Charmaine van Wyk, a State witness who was a passenger in the taxi, testified they were driving when Sinvula hailed the cab.
She said Sinvula walked towards the taxi and took out something which he showed the taxi driver upon which the driver drove off and the accused shot three times towards the vehicle.
The version of Nabot Shiindi, who was also a passenger in the taxi, corroborated Naftali's evidence.
Sinvula testified that he hailed the taxi, approached the driver and said he was looking for a ride to Katutura. He said he showed the driver his appointment he had in Katutura but the man drove away. He testified that he fired two to three warning shots into the air.
The witnesses did not agree. They testified that he had fired directly at the car and not into the air. That was why the tyre deflated, they said.
The passengers in the taxi also denied that the taxi driver drove off because he realised Sinvula was a police officer. They told the court he drove off because he saw the firearm. They also testified they had not seen any document.
FRED GOEIEMAN
Yesterday, in the Windhoek Magistrate's Court, Sinvula Sinvula, rank and age unknown, was found guilty of the negligent discharge of a firearm and fined N$4 000, or sentenced to 12 months in jail in default of payment.
He was further declared unfit to possess a firearm for a period of two years.
Magistrate Vanessa Stanley stated in the summary of her judgment that the accused was initially charged with attempted murder or alternatively, the negligent discharge or placement of a firearm.
She found him guilty on the alternative charge as she is not convinced the State had proven beyond reasonable doubt that Sinvula had intended to kill Tangeni Naftali, the victim in the matter.
According to her, as for the negligent discharge of a firearm there was no justification to fire shots under the circumstances - whether directly at the vehicle or in the air.
“Accordingly accused is convicted on the alternative charge of negligent discharge of a firearm,” Stanley concluded.
Naftali had testified that Sinvula, on the day of the incident, 14 March 2015, approached his taxi in Mose Tjitendero Street, Olympia, asking for a lift to Katutura. He said he declined as he was not going there.
As Sinvula turned from his car, Naftali saw that he had a firearm. He drove off thinking that Sinvula wanted to rob him.
Sinvula fired three shots at the taxi and Naftali had to stop due to a flat tyre caused by the shots. Sinvula, Naftali said, then informed him that he is a police officer and added that he shot at his vehicle because he suspected Naftali of being in possession of drugs.
Charmaine van Wyk, a State witness who was a passenger in the taxi, testified they were driving when Sinvula hailed the cab.
She said Sinvula walked towards the taxi and took out something which he showed the taxi driver upon which the driver drove off and the accused shot three times towards the vehicle.
The version of Nabot Shiindi, who was also a passenger in the taxi, corroborated Naftali's evidence.
Sinvula testified that he hailed the taxi, approached the driver and said he was looking for a ride to Katutura. He said he showed the driver his appointment he had in Katutura but the man drove away. He testified that he fired two to three warning shots into the air.
The witnesses did not agree. They testified that he had fired directly at the car and not into the air. That was why the tyre deflated, they said.
The passengers in the taxi also denied that the taxi driver drove off because he realised Sinvula was a police officer. They told the court he drove off because he saw the firearm. They also testified they had not seen any document.
FRED GOEIEMAN
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