Durban - A Liverpool football supporter who shot his friend after being taunted about his team is denying murdering him, admitting he was so highly intoxicated that his judgement was “materially impaired”.
Former police captain, Prebashan Moodley, 52, appeared at the Durban Regional Court on Monday for the murder of his friend, Kevin Maistry, 53.
Moodley has pleaded not guilty to the murder charge, but has pleaded guilty to negligence in handling a firearm while under the influence of alcohol.
He has indicated that he is prepared to plead guilty to a culpable homicide as he did not intend to murder his friend.
The State has dismissed this claim.
It is alleged Moodley opened fire during a night out with friends after a football match between Liverpool and Arsenal which his team lost 2-0.
The incident took place at a home in Mullien Place, Asherville, on the night of November, 2, 2013.
Maistry was rushed to St Augustine’s Hospital, where he succumbed to his injuries on November 25. According to the post-mortem report, he died of multiple organ failure.
Moodley, who is being represented by advocate Jimmy Howse, submitted his written plea to the court on Monday describing his version of events.
He said in the plea that Maistry and he had been friends for about 20 years and shared a close relationship.
He told Magistrate Delia Turner that Maistry, he and several other friends were invited to a braai at the home of Devendhren Poobalan. He had finished work at Newlands East police station at 6pm and was fetched by his friend, Brian Pillay.
He said Pillay and he met a fellow friend for drinks at the Checkers Centre in Newlands.
The three men consumed a bottle of whiskey during a two-hour period.
On arrival at the Asherville home, the men had a braai, watched football, played cards and consumed more alcohol as the evening progressed.
Moodley then described how the shooting took place.
“I drank more whiskey at the braai, to the extent that my judgement was materially impaired. At around 10pm, the conversation among a few friends turned to firearm training. Pillay was central to this discussion as he was a firearms instructor who trained security personnel in the use of handguns at shooting ranges. Pillay said he was leaving, and I started walking with him up the driveway to get a lift with a friend,” he said.
“At this point, I decided to demonstrate my shooting skills. In my intoxicated state, I produced my firearm, cocked it and said I would shoot a can.
“I fired towards the empty beer cans, which were next to the braai stand about 15 metres away. I was escorted to the top of the driveway and only later established that Maistry had been shot. I did not see the deceased when I fired. To the best of my knowledge, Maistry was not in the direct line of fire,” Moodley said.
However, the State rejects his claims. Prosecutor Krishen Shah called policeman and fellow friend of Moodley for more than 20 years, Ravindranath “Rogers” Baijnath, to testify.
Baijnath told the court there were eight people present on the night of the incident.
He said they had been drinking, playing cards and that the shooting was sparked off after Moodley was taunted about Liverpool.
“I was talking to Moodley about soccer. He was about one metre away. We were jokingly swearing at each other and I was mocking him about Liverpool, which had lost 2-0 to Arsenal that night. I am an Everton supporter. He got heated up. He drew his firearm, cocked it and fired at Maistry, who was seated at the braai stand with his back to us,” Baijnath said.
“Devendhren and I grabbed his hand and led him up the driveway. He said ‘I am sorry, I am sorry’.
“Alcohol was on the table and I did not notice any cans next to the braai stand. They may have been on the table. We were drinking whiskey, some of the other guys were having beers. The place was well lit, so the visibility was clear.”
Moodley is out on R2 000 bail.
The trial continues.
Daily News