Suspended Constable Dominic Mwilima (45) pleaded not guilty to a murder charge and two counts of defeating or obstructing the course of justice when his trial began before Acting Judge John Manyarara on Monday.

After the prosecution, represented by State advocate Sandra Miller, had presented its case to the court, Mwilima's defence counsel, Christie Mostert, informed Acting Judge Manyarara that Mwilima would not testify in his own defence or call any witnesses to give evidence in his defence.

With that, Mostert closed the case in Mwilima's defence on Tuesday.

Mwilima is accused of murdering a 22-year-old Zambian national, Wengar Mutafela, at Katima Mulilo on August 14 2005.

Mutafela died from a gunshot wound to the chest after he had been shot in front of the town's OK Foods supermarket.

The prosecution also alleged that after the shooting, Mwilima defeated or obstructed the course of justice by picking up a spent 9 mm cartridge and removing it from the scene, and by telling Police officers who arrived at the scene that he had seen the person who fired the shot at Mutafela running away.

An alleged eyewitness to the shooting, former Police officer Progress Sipapela, testified in the trial on Monday.

He said he saw Mwilima chasing Mutafela past the car in which he was sitting reading a newspaper.

In front of his vehicle, Mutafela stopped and turned around to face Mwilima, who then pulled out a pistol and shot Mutafela at close range, Sipapela testified.

According to Mwilima's instructions to his lawyer, though, he had found Mutafela and another two men dealing in drugs near the scene of the shooting, Mostert told the court.

When Mwilima took out his Police identification, the two men with Mutafela pulled out knives, Mostert said.

According to Mwilima he then took out his Police pistol, but Mutafela grabbed it and a shot then went off, Mostert added.

He said Mwilima did not know if the shot was fired from his pistol, or by the two men with Mutafela, and that if it was fired by his firearm, it had gone off by accident.

According to other evidence before the court, it was discovered after the shooting that Mutafela had 15 small paper-wrapped parcels of cannabis on him when he was shot.

He also had a knife with him.

In her address on the verdict that is to be delivered in the trial, Miller argued that in the absence of an answer from Mwilima, the prosecution had proven its case against him beyond reasonable doubt.

She argued that Sipapela was an impartial witness who gave reliable and satisfactory evidence.

She however conceded that the State did not prove the charge based on an allegation that Mwilima had removed the spent cartridge from the scene.

On the charge that he had sent the Police on a wild goose chase after the wrong suspect, Mwilima should be convicted of obstructing the course of justice, or of attempting to defeat the course of justice, she argued.

Mostert told Acting Judge Manyarara on Wednesday that the court should take into account that Sipapela was a single witness, and should consider if there is any other evidence supporting his testimony.

If Mwilima was found guilty on the murder charge, it would have to follow that he had also obstructed the course of justice by telling the Police that he had seen someone else shoot Mutafela and run away from the scene, Mostert conceded.

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