I did not intend to kill my brother, says pipe murder accused

AN Outapi district resident who stands accused of having beaten his teenaged brother to death with a hosepipe is set to continue to testify in his own defence in the High Court today.

The trial of Eliakim Nashapi (33) started before Judge Petrus Damaseb last Wednesday, when Nashapi pleaded not guilty to a charge that he had murdered his 16-year-old brother, Eliphas Namuke, at the village Olyasiiti in the Outapi district on April 13 2002. Nashapi started to testify in his own defence on Monday.He is set to continue to give evidence under cross-examination from Public Prosecutor Ruth Herunga today.In his plea last week, he admitted that he had beaten Namuke with a piece of hosepipe, but he claimed that this had been intended as “a corrective measure” because Namuke had been in the habit of stealing.Nashapi explained that he did not have any intention to kill his brother, and also did not realise or foresaw that such a beating would result in anything other than superficial harm.In evidence heard last week, Judge Damaseb was told that a medical doctor who performed a post-mortem examination on Namuke found more than 30 bruises on the young man’s body that could have been the results of a beating.In the doctor’s opinion Namuke had died due to heart failure, which could have been brought on by multiple injuries that he had sustained in the alleged beating.”I’m surprised and I can’t believe that this pipe caused the death,” Nashapi told the court again yesterday.There had been various previous incidents where Namuke had also been accused of stealing, Nashapi claimed.He told the Judge that Namuke had for instance stolen a chicken and money from neighbours of their family, had stolen a radio, and had on one occasion even stolen a donkey cart.Nashapi remains free on bail while his trial continues.He is being represented by defence counsel Sisa Namandje.Nashapi started to testify in his own defence on Monday.He is set to continue to give evidence under cross-examination from Public Prosecutor Ruth Herunga today.In his plea last week, he admitted that he had beaten Namuke with a piece of hosepipe, but he claimed that this had been intended as “a corrective measure” because Namuke had been in the habit of stealing.Nashapi explained that he did not have any intention to kill his brother, and also did not realise or foresaw that such a beating would result in anything other than superficial harm.In evidence heard last week, Judge Damaseb was told that a medical doctor who performed a post-mortem examination on Namuke found more than 30 bruises on the young man’s body that could have been the results of a beating.In the doctor’s opinion Namuke had died due to heart failure, which could have been brought on by multiple injuries that he had sustained in the alleged beating.”I’m surprised and I can’t believe that this pipe caused the death,” Nashapi told the court again yesterday.There had been various previous incidents where Namuke had also been accused of stealing, Nashapi claimed.He told the Judge that Namuke had for instance stolen a chicken and money from neighbours of their family, had stolen a radio, and had on one occasion even stolen a donkey cart.Nashapi remains free on bail while his trial continues.He is being represented by defence counsel Sisa Namandje.