Durban - A second witness testified how his friend held his head, wincing in pain and becoming non-responsive after being shot when a football taunt turned sour.
The State called Nemchund Ganesh to testify on the events that led to the shooting of Kevin Maistry, 53, at an Asherville home on the night of November 2, 2013.
Former police captain Prebashan Moodley, 52, is on trial for the murder of Maistry following a night out with friends at a braai.
Moodley is denying the murder charge, but has pleaded guilty to negligence in handling a firearm while under the influence of alcohol.
It is alleged Moodley opened fire while at the braai with friends after being taunted about Liverpool football club (which he supports). This followed Liverpool’s 2-0 defeat to Arsenal on the night of the incident.
Ganesh told Magistrate Delia Turner he had known Moodley for 15 years and Maistry for eight years. On the night of the incident he had been having whisky and was sitting at the table with his back against the wall.
There was a discussion about firearms, he said. He then described how he came to Maistry’s aid after he was shot.
“I heard Moodley cock his firearm and I saw him fire a shot. Maistry had his arms around his ears wincing in pain. He wasn’t replying. I asked him ‘are you fine?’ and put my hand on his side of the jacket. I saw blood and told everyone that Maistry had been shot. We then rushed him to hospital,” Ganesh said.
He admitted that he heard Moodley say that if he (Moodley) put a target (beer can) there, he would shoot it. However Ganesh said there were no targets.
He admitted that he did not see beer cans and there was friendly banter about football earlier in the evening.
Prosecutor Krishen Shah also called the owner of the house, Devendhren Poobalan, to the stand.
Poobalan testified that he was up in the driveway when he heard the cocking of a firearm and heard a gunshot. He did not see the actual incident.
He said the men were consuming whisky and as far as he could remember, there were no beer cans next to the braai stand. He also said his premises was sufficiently lit up.
Shah told the court during closing arguments that Moodley had not explained his reasons for cocking his firearm and shooting. Moodley was inconsiderate about others around him and he should have foreseen the possibility that the ricochet of the bullet could have killed someone.
He said Maistry died as a result of his reckless actions and he therefore asked for a murder conviction.
Advocate Jimmy Howse, defending Moodley, asked for an adjournment before presenting his closing arguments.
Turner is expected to deliver judgment this week. Moodley is on R2 000 bail.
Daily News