Mwilima (45), who is a Constable in the Police, heard the verdict in his trial in the High Court in Windhoek when Acting Judge John Manyarara convicted him of murder and a count of defeating or obstructing the course of justice.

He was found not guilty on another charge of defeating or obstructing the course of justice.

Mwilima pleaded not guilty to all three counts at the start of his trial on Monday last week.

With eyewitness testimony on the shooting that ended the life of Wengar Mutafela, a 22-year-old Zambian national, at Katima Mulilo on August 14 2005, Mwilima elected not to testify in his own defence and closed his case without presenting any evidence to the court on Tuesday last week.

During the trial, Mwilima's defence lawyer, Christie Mostert, however put it to an eyewitness who testified for the prosecution, Progress Sipapela, that Mwilima had found Mutafela and another two men dealing in dagga just before the incident.

According to Mwilima's instructions to his lawyer, he took out his Police identification, and the two men then produced knives.

When he then took out his Police pistol, Mutafela grabbed grabbed the gun, and a shot went off.

According to Mwilima's instructions, he thought one of the other two men had shot Mutafela, and if the fatal shot had been fired from his gun, then it had gone off by accident.

According to Sipapela, though, he saw Mwilima running past his car in pursuit of someone.

In front of the car, the person being chased came to a halt and turned to face Mwilima, Sipapela told the court.

He said he then saw Mwilima take out a pistol, point it at Mutafela and fire a shot at close range.

Mutafela was struck in the chest, and died on the scene.

Dagga and a pocket-knife were found in his possession.

When the Police arrived at the scene shortly afterwards, Mwilima told them that the person who had shot Mutafela had run to the back of the shop in front of which Mutafela was shot.

In his judgement, Acting Judge Manyarara said he could not make a finding on whether Mwilima had the direct intention to kill Mutafela.

As a result, Mwilima had to be given the benefit of the doubt on that score, and he was convicted of murder without direct intention to kill.

He was further convicted of defeating or obstructing the course of justice for putting the Police on a false trail by claiming he had seen the shooter run off.

He was however acquitted on a similar charge, after the State could not prove that Mwilima had indeed picked up a spent cartridge and removed it from the scene.

Mwilima is scheduled to return to court on June 2 for the hearing of evidence and arguments before his sentencing.

He is set to be kept in Police custody until then.

His bail was cancelled following his conviction yesterday.

State advocate Sandra Miller led the prosecution.

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