Hit-and-run suspect says he was confused The man accused of killing 23-year-old Junias Smith in a hit-and-run in Windhoek’s Nelson Mandela Avenue two weeks ago was sourcing car parts to fix his damaged red BMW when police tracked him down. According to public prosecutor Ivann Tjizu, police arrested 26-year-old Lesley Simwanza four days after the hit-and-run, when he responded to a caller who asked to meet him at his home, claiming he had the necessary car parts.
“That is why you went home. You were informed there are car parts you were seeking to buy in order to repair your vehicle,” Tjizu said in the Windhoek Magistrate’s Court yesterday during the hearing of Simwanza’s bail application.
Simwanza admitted that was true, but said he was “just getting quotations”. He told the court he could not afford to buy the parts until payday.
Simwanza told the court he planned to plead not guilty.
Simwanza insisted three times during cross-examination by the prosecutor that he was innocent and did not fear a jail sentence.
“I believe in my innocence. So this means I will not go to jail,” he said. He added that he was “not negligent and reckless” on the night of the incident.
He said he had fled the scene of the accident because he panicked.
“It’s true that I didn’t report it, but that was because I was in shock and confused,” he testified before Magistrate Alweendo Sebby Venatius.
According to Tjizu however, “if it wasn’t for the vigilant and diligent work of the police, you would not have reported the incident.”
He added that although Simwanza had four days to report the incident, and had returned to work and begun sourcing car parts, he failed to tell the police.
Simwanza argued that he was waiting to tell his parents first. “Unfortunately they were unreachable. I was waiting for them to give me advice on what to do, to enlighten me,” he said. He said he was hoping they “could shed light on what I should do”.
He said his parents were in the North and were due to return to Windhoek on Monday, the day of his arrest.
In response, Tjizu said: “You had four days. You are a grown man, you don’t need permission. You cannot stay in shock for four days.”
According to Simwanza, he was at work at the Ministry of Environment and Tourism when the police called him.
He claimed the officer asked him whether he knew why the police were calling. “I said yes. I had the option to run away but that wasn’t the right thing to do.”
He added that he “opted” to comply with the police’s demand that he meet them at his house.
Addressing the State’s argument that Simwanza posed a flight risk if released on bail, he told private attorney Chris Mayumbelo, acting on his behalf, that his dependents would be at risk of “dying and hunger” if he fled.
He said he would not abscond because of his dependents and his employment. He told the court he could afford N$5 000 bail.
The bail hearing continues on Monday.
Tomorrow, family and friends will gather to bury Junias Smith.
JANA-MARI SMITH