Guilty verdict in murder trial on New Year’s Eve shooting

THE deadly shooting of Windhoek resident Monaliza de Kock on New Year’s Eve 2003 was an act of murder that her boyfriend, Manuel Alberto da Silva, committed with direct intention to kill, the High Court in Windhoek ruled yesterday.

Da Silva again wore a black armband, signifying mourning for a loved one, around his left arm – something he has done since his trial started in June – as he heard that Judge Collins Parker had found him guilty. Judge Parker rejected the defence he raised at the start of his trial.Da Silva (30) admitted that he shot and killed 23-year-old De Kock, with whom he had a daughter who was one year old at the time.He however claimed that he should not be held accountable for the killing, as he was mentally incapacitated “due to severe emotional trauma” at the time.As a result, he claimed, he was unable to distinguish between right and wrong and also not able to act in accordance with an appreciation of the difference between right and wrong.Da Silva testified in his own defence for four days.He gave a lucid account that included minute details of events that took place over the days leading up to the evening of the incident, Judge Parker commented in his judgement.About the actual shooting, though, Da Silva claimed that he was “confused” and could not remember that part of the events.In contrast to his claim of total memory loss about the pivotal moment of that evening, Da Silva however was able to tell a psychologist who also testified in his defence, Ockie Jooste, about such details as the feelings, tastes and sensations he was experiencing at the time, Judge Parker noted.Jooste had told the court that in his opinion Da Silva had a psychological condition that he termed “intermittent explosive disorder”.As a result, he could lose control over his behaviour during sudden aggressive episodes, Jooste testified.Judge Parker did not accept Jooste’s evidence either.He said he did not consider Jooste to be a clinical psychologist, and by Jooste’s own account he had no previous experience in assessing the mental state of someone accused of serious crimes such as murder.In his opinion, what Da Silva was suffering from was what he would call “selective memory loss disorder” rather than intermittent explosive disorder as claimed by Jooste.A report on an autopsy done on De Kock’s body appeared to indicate that she had been shot five times in the head.Judge Parker however accepted that she had been shot four times in the head and once through her hand.According to the evidence, the Judge noted, De Kock was heard screaming after a first shot rang out from where she and Da Silva were standing close to an entrance gate on the grounds of Ella du Plessis High School in Khomasdal.After that, Da Silva pumped another four bullets into her, before he was seen running off.According to Da Silva, he and De Kock had been having an argument because she wanted to go to a party and he suspected that she was planning to meet another man who he thought was having an affair with her.As their argument heated up, he recalled that he had a .22 revolver in a camera bag that he was carrying with him.He could recall taking out the gun and the thought of committing suicide going through his mind.He however shot De Kock instead – and not just once, but five times, Judge Parker recounted.After the shooting, when Da Silva got to the house where he was staying with relatives of De Kock, he hid the firearm under the sofa where he was sleeping.These were not the actions of someone who was “confused”, the Judge said.Da Silva had been spurred on by anger, humiliation and frustration after he realised that his dream of building a family with De Kock was crashing in, Judge Parker said.He lost his temper, but this should not be confused with losing control, and decided to give vent to his anger and frustration by shooting De Kock.At the moment that he shot De Kock, Da Silva’s actions were planned, calculated and focused, and he was guilty of murder, the Judge said.Da Silva is scheduled to return to court on Tuesday for the hearing of possibly evidence and arguments from State advocate Dominic Lisulo and Da Silva’s defence lawyer, Ivo dos Santos, before Da Silva is sentenced.Judge Parker rejected the defence he raised at the start of his trial.Da Silva (30) admitted that he shot and killed 23-year-old De Kock, with whom he had a daughter who was one year old at the time.He however claimed that he should not be held accountable for the killing, as he was mentally incapacitated “due to severe emotional trauma” at the time.As a result, he claimed, he was unable to distinguish between right and wrong and also not able to act in accordance with an appreciation of the difference between right and wrong.Da Silva testified in his own defence for four days.He gave a lucid account that included minute details of events that took place over the days leading up to the evening of the incident, Judge Parker commented in his judgement.About the actual shooting, though, Da Silva claimed that he was “confused” and could not remember that part of the events.In contrast to his claim of total memory loss about the pivotal moment of that evening, Da Silva however was able to tell a psychologist who also testified in his defence, Ockie Jooste, about such details as the feelings, tastes and sensations he was experiencing at the time, Judge Parker noted.Jooste had told the court that in his opinion Da Silva had a psychological condition that he termed “intermittent explosive disorder”.As a result, he could lose control over his behaviour during sudden aggressive episodes, Jooste testified.Judge Parker did not accept Jooste’s evidence either.He said he did not consider Jooste to be a clinical psychologist, and by Jooste’s own account he had no previous experience in assessing the mental state of someone accused of serious crimes such as murder.In his opinion, what Da Silva was suffering from was what he would call “selective memory loss disorder” rather than intermittent explosive disorder as claimed by Jooste.A report on an autopsy done on De Kock’s body appeared to indicate that she had been shot five times in the head.Judge Parker however accepted that she had been shot four times in the head and once through her hand.According to the evidence, the Judge noted, De Kock was heard screaming after a first shot rang out from where she and Da Silva were standing close to an entrance gate on the grounds of Ella du Plessis High School in Khomasdal.After that, Da Silva pumped another four bullets into her, before he was seen running off.According to Da Silva, he and De Kock had been having an argument because she wanted to go to a party and he suspected that she was planning to meet another man who he thought was having an affair with her.As their argument heated up, he recalled that he had a .22 revolver in a camera bag that he was carrying with him.He could recall taking out the gun and the thought of committing suicide going through his mind.He however shot De Kock instead – and not just once, but five times, Judge Parker recounted.After the shooting, when Da Silva got to the house where he was staying with relatives of De Kock, he hid the firearm under the sofa where he was sleeping.These were not the actions of someone who was “confused”, the Judge said.Da Silva had been spurred on by anger, humiliation and frustration after he realised that his dream of building a family with De Kock was crashing in, Judge Parker said.He lost his temper, but this should not be confused with losing control, and decided to give vent to his anger and frustration by shooting De Kock.At the moment that he shot De Kock, Da Silva’s actions were planned, calculated and focused, and he was guilty of murder, the Judge said.Da Silva is scheduled to return to court on Tuesday for the hearing of possibly evidence and arguments from State advocate Dominic Lisulo and Da Silva’s defence lawyer, Ivo dos Santos, before Da Silva is sentenced.