Deadly shots ‘just went off’

THE gunshots that were fired during the armed robbery in which goldsmith Alexandra Mooren was killed on a Swakop­mund beach two years ago basically went off by themselves – no fewer than three times.

This was claimed by murder suspect Naftalie Kondja, who admits he carried out the robbery, in the High Court in Windhoek on Friday. “When I heard the lady shouting from [behind] my back, I turned around, and at the time that I turned around, my finger was on the trigger, and since it was a revolver, the bullets just went off,” Naftalie Kondja told Acting Judge Collins Parker from the witness box after the court had started hearing the defence case in the trial of Kondja and two co-accused.Kondja made that statement while telling the court about the moments of his encounter with the German-born Mooren (44) on a beach at Swakopmund early on the morning of August 13 2004.The shouting that made him turn around after he had pointed a firearm at Mooren, came from a woman who was running along the beach, he claimed.SEEKING THE TRUTH The men on trial with Kondja (28) are two Swakopmund residents, Matti Kamati (37) and taxi driver Temus Shiwalo (33).They remained by Kondja’s side in the dock after Acting Judge Parker gave a ruling on Friday morning in which he dismissed applications from the two suspects to be pronounced not guilty at the close of the prosecution’s case against them.In his ruling, Acting Judge Parker noted that statements that Kondja made in a confession shortly after his arrest on August 13 2004 and when he pointed out the scene of the shooting to a Police detective some days later could not be ignored.Having regard to the claims Kondja had made on those two occasions, there was a reasonable possibility that Kondja might in his testimony incriminate Kamati and Shiwalo, the Acting Judge remarked.If he is going to incriminate Kamati and Shiwalo, he will have to do so when he continues giving evidence today, because on Friday, incriminating evidence against his two co-accused did not cross Kondja’s lips.In his confession and during the pointing-out, Kondja claimed that he, Kamati, Shiwalo and a fourth person, known by the nickname ‘Makutsi’, were jointly involved in the decision to carry out the robbery.Their initial plan on the morning of August 13 2004 was to rob a place at Vineta, at Swakopmund, but when they did not find their intended target there, they turned around “and went to town and decided to rob any person who has money,” Kondja stated in his confession.He further claimed that the change in plan was Shiwalo’s idea, since Shiwalo had a car with which he could transport them anywhere.In the confession Kondja also claimed that he shot Mooren because she tried running away from him, and that after the shooting, he gave a handbag that he had snatched from Mooren to Kamati as he made his getaway from the crime scene.A DIFFERENT VERSION In his testimony on Friday, however, Kamati and Shiwalo no longer featured in Kondja’s version of events.He received the revolver which was later to be used in the robbery from ‘Makutsi’ on the evening of August 12 2004 with a request that he should keep the gun while ‘Makutsi’ went on a visit to northern Namibia, Kondja told the court.The next morning, he said, he left his home in Swakopmund’s DRC squatter settlement and went to Vineta.His aim was to rob someone there, but when he found that the place that he wanted to rob was still closed, he set off to the Swakopmund town centre, Kondja claimed.He said he was alone.He went to the beach area between the old jetty and the Strand Hotel, and that was when he met the woman whose name he later learned was Mooren, Kondja said.He pointed the firearm that he had with him towards her, he related.As he did that, someone came running along behind him, shouting, he claimed.As he turned, the shots went off, Kondja said: “First of all, two bullets went off, and then when I turned around the third shot that I fired into the ground went off.I don’t know if the two bullets that I first fired hit her.”He said as he was turning, Mooren was still standing upright, facing him.He took her handbag from her, and made his getaway from the beach, he said.The court heard previously that one of the two shots that hit Mooren went through her heart, her liver, and a lung, killing her.According to Kondja, though, she was still standing as he left her after the robbery.He said: “I went away from her, and she was still standing upright when I left her.”He again did not mention Kamati’s name as he told the court what he did with the stolen handbag afterwards.He left it in the bathroom of a service station in the town before he got into a taxi, he claimed, again contradicting his initial confession and plea explanation at the start of the trial.He still had a red cap that he was wearing during the robbery – a descriptive item of clothing that led to his quick arrest – as well as the firearm with him when Police officers stopped the taxi that was transporting him shortly afterwards, Kondja added.On a question from his defence counsel, Lucia Hamutenya, he told the court that he made the confession on the day of his arrest out of his own free will and without having been forced to do so.Kondja is set to continue facing cross-examination from State advocate Sandra Miller when the trial continues today.”When I heard the lady shouting from [behind] my back, I turned around, and at the time that I turned around, my finger was on the trigger, and since it was a revolver, the bullets just went off,” Naftalie Kondja told Acting Judge Collins Parker from the witness box after the court had started hearing the defence case in the trial of Kondja and two co-accused.Kondja made that statement while telling the court about the moments of his encounter with the German-born Mooren (44) on a beach at Swakopmund early on the morning of August 13 2004.The shouting that made him turn around after he had pointed a firearm at Mooren, came from a woman who was running along the beach, he claimed.SEEKING THE TRUTH The men on trial with Kondja (28) are two Swakopmund residents, Matti Kamati (37) and taxi driver Temus Shiwalo (33).They remained by Kondja’s side in the dock after Acting Judge Parker gave a ruling on Friday morning in which he dismissed applications from the two suspects to be pronounced not guilty at the close of the prosecution’s case against them.In his ruling, Acting Judge Parker noted that statements that Kondja made in a confession shortly after his arrest on August 13 2004 and when he pointed out the scene of the shooting to a Police detective some days later could not be ignored.Having regard to the claims Kondja had made on those two occasions, there was a reasonable possibility that Kondja might in his testimony incriminate Kamati and Shiwalo, the Acting Judge remarked. If he is going to incriminate Kamati and Shiwalo, he will have to do so when he continues giving evidence today, because on Friday, incriminating evidence against his two co-accused did not cross Kondja’s lips.In his confession and during the pointing-out, Kondja claimed that he, Kamati, Shiwalo and a fourth person, known by the nickname ‘Makutsi’, were jointly involved in the decision to carry out the robbery.Their initial plan on the morning of August 13 2004 was to rob a place at Vineta, at Swakopmund, but when they did not find their intended target there, they turned around “and went to town and decided to rob any person who has money,” Kondja stated in his confession.He further claimed that the change in plan was Shiwalo’s idea, since Shiwalo had a car with which he could transport them anywhere.In the confession Kondja also claimed that he shot Mooren because she tried running away from him, and that after the shooting, he gave a handbag that he had snatched from Mooren to Kamati as he made his getaway from the crime scene.A DIFFERENT VERSION In his testimony on Friday, however, Kamati and Shiwalo no longer featured in Kondja’s version of events.He received the revolver which was later to be used in the robbery from ‘Makutsi’ on the evening of August 12 2004 with a request that he should keep the gun while ‘Makutsi’ went on a visit to northern Namibia, Kondja told the court.The next morning, he said, he left his home in Swakopmund’s DRC squatter settlement and went to Vineta.His aim was to rob someone there, but when he found that the place that he wanted to rob was still closed, he set off to the Swakopmund town centre, Kondja claimed.He said he was alone.He went to the beach area between the old jetty and the Strand Hotel, and that was when he met the woman whose name he later learned was Mooren, Kondja said.He pointed the firearm that he had with him towards her, he related.As he did that, someone came running along behind him, shouting, he claimed.As he turned, the shots went off, Kondja said: “First of all, two bullets went off, and then when I turned around the third shot that I fired into the ground went off.I don’t know if the two bullets that I first fired hit her.”He said as he was turning, Mooren was still standing upright, facing him.He took her handbag from her, and made his getaway from the beach, he said.The court heard previously that one of the two shots that hit Mooren went through her heart, her liver, and a lung, killing her.According to Kondja, though, she was still standing as he left her after the robbery.He said: “I went away from her, and she was still standing upright when I left her.”He again did not mention Kamati’s name as he told the court what he did with the stolen handbag afterwards.He left it in the bathroom of a service station in the town before he got into a taxi, he claimed, again contradicting his initial confession and plea explanation at the start of the trial.He still had a red cap that he was wearing during the robbery – a descriptive item of clothing that led to his quick arrest – as well as the firearm with him when Police officers stopped the taxi that was transporting him shortly afterwards, Kondja added.On a question from his defence counsel, Lucia Hamutenya, he told the court that he made the confession on the day of his arrest out of his own free will and without having been forced to do so.Kondja is set to continue facing cross-examination from State advocate Sandra Miller when the trial continues today.