The lawyer representing murder accused Petrus Shikwaya yesterday accused the police investigator in the Justine Shiweda murder case of fabricating evidence during a bail hearing.
He further branded investigating officer detective chief inspector Antonius Gabriel as a “fiction storyteller” during a heated cross-examination in the Ondangwa Magistrate’s Court.
Shikwaya, who is alleged to have financed the attack on Ondangwa prosecutor Shiweda, is seeking bail.
During the proceedings, defence lawyer Murray Shikongo questioned Gabriel about charges brought against his client, arguing that Shikwaya had initially been charged in the Windhoek Magistrate’s Court with conspiracy to commit attempted murder.
According to Shikongo, the charge was later amended to conspiracy to commit murder, before being withdrawn on 15 April this year, leaving Shikwaya facing only a corruption charge.
Gabriel, however, denied that the accused had been wrongly charged.
“I don’t believe he was wrongly charged in relation to charges of conspiracy to commit these crimes,” Gabriel told the court.
Pressed to explain how Shikwaya allegedly conspired to commit the offences, Gabriel testified that the accused had transported alleged kingpin Abner Mateus, who is accused of masterminding the fatal attack on Shiweda last October.
He alleged that Shikwaya drove Mateus, his uncle, from a guesthouse in Windhoek to a bank on John Meinert Street.
Gabriel further claimed that Shikwaya, Mateus and others later met to discuss the planned attack on the prosecutor.
Shikongo demanded evidence of the alleged meeting.
As the cross-examination intensified, he challenged the investigator’s version of events.
“Mr Gabriel, as I go on, I will prove that you are a fiction storyteller,” he said.
State prosecutor Yeukai Kangira objected to the line of questioning, arguing that police investigators are not responsible for deciding which charges are ultimately prosecuted.
Gabriel maintained that investigators had such evidence but said it would be presented during the trial.
When asked why no sworn statement or witness testimony had been placed before the court to support the allegation, Gabriel replied that the witness would testify during the trial.
“The witness is there, your worship, and will present that evidence during the trial,” he said.
Shikongo requested the identity of the witness, but Gabriel refused to disclose it, saying doing so could compromise the witness’s safety.
The defence lawyer dismissed the explanation.
“Don’t hide behind safety. Safety against who? You continue to be a fiction storyteller. There is no purported witness who gave such evidence. You don’t know any witness saying this,” Shikongo argued.
Gabriel rejected the accusation, insisting that the defence was speculating.
“What you are saying is based on hearsay. Counsel does not know anything. I am the investigating officer. I have evidence which we will present during the trial and we are ready for the trial, your worship,” Gabriel said.
The bail hearing continues before the Ondangwa Magistrate’s Court.
