By Martin Masai
SUSPENDED Fr John Wambua Makewa was today put on his defence after Tawa Senior Resident Magistrate found that he had had a case to answer over an attempt to murder his colleague and friend Fr Fidellis Nzuki.
The magistrate Mr J.G.Gichimu said after carefully reading evidence contained in the case file, he had found that there were sufficient grounds establishing a prima facie case against Fr Makewa.
Makewa is charged with attempting to murder Fr Nzuki on March 20 2010 at the Parish House in Wote in Makueni District. He has denied the charge in the case that has been going on since November 2010.
Soon after being put on his defence, Makewa strode to from the accused dock to the witness box to mount a none man defence as he awaited a witness who never turned up to provide what his advocate, Mr J Mwagambo had called video evidence.
Shooting Dogs
Led by Mr Mwagambo, Makewa told the court how he acquired his two fire arms- a short gun and a pistol, saying that rising insecurity in parishes he had served and his desire to kill stray dogs informed his acquisition of the deadly weapons.
He said he was trained to handle guns by the former Commissioner of Police, the late Philip Kilonzo at the army owned Stony Athi Riffle Range for months and that he was competent to handle firearms. To demonstrate his mastery, Makewa asked for a ruler to show how he used to bend his shotgun at the middle so that he could load two bullets, a skill that came handy on the fateful night when he kept reloading his gun to fight off thugs he alleges had raided the parish house.
Time of crime
Makewa said he shot six times that night and kept on reloading his gun, and sought the help of Fr Nzuki to hold two bullets for him. Makewa differed with an account given by Fr Nzuki that he( Makewa) handed to Nzuki a pistol and the two bullets.
The suspended priest, who at the time was in charge of Makueni Parish said he three other priests including Fr Nzuki and a visiting catechist had dinner together and drank Red Bull energy drink as they chatted and laughed off the night till around 3.45 am. At 4.45 am, as he slept, he saw lights outside and on rising up, the alleged intruders demanded cash.
He said he saw three thugs, each carrying a torch and he armed himself to fight them off. It was the first time that a detailed account of thugs was being made in court and all witnesses who testified including the police have disputed that there were thugs that night at the parish.
The shooting
But Makewa dismissed accounts by the police, saying they arrived at the scene two hours later and seemed disinterested in the case. “The police were malicious” he said when asked why it was only cartridges used by his gun that were recovered from the scene, adding that he had collected the cartridges himself and surrendered them to the police. He stuck to his theory even after being tasked to explain why no one else testified seeing the thugs that night.
He described a scene where he came out of the room where Fr Nzuki had slept, with Nzuki following him and another visitor to the home named Boniface following Nzuki. ‘’ I stood at the window and shot, Nzuki behind me and Boniface behind Nzuki. “ I Shot and they(alleged thugs) shot back. I then shot again. Because Fr Nzuki was now at the corridor, I heard him say he had been shot. I did not go ton where he was as I was afraid I would also be shot”. He said there was confusion and immense tension at the scene and he did not know what to do.
Nzuki asked for water
Makewa said had he intended to kill Fr Nzuki, a shot by the firearm would have lifted the priest off the ground as it had the force of one tonne, “ so he would not be here to testify”, he quipped . But he recalls hearing Fr Nzuki ask for water and seek some anointing.
Fr Makewa crafted his evidence to show he had a father figure relationship with Fr Nzuki and that he(Accused) had immensely helped Fr Nzuki and his family for many years since he knew him. Makewa also produced a biography on himself written by deceased veteran Journalist Ben Mitukaa to showcase his development record and benevolence as priest.
He narrated his service spanning 29 years, serving in Katangi and Makueni Parishes during which he brushed shoulders with Retired President Moi. He said he has also worked with President Kibaki, the VP Kalonzo Musyoka, Minister Mutula Kilonzo and other heavy weights. He listed a number of chairmanships that he has held in church and other public organizations.
Bishop Kivuva
The evidence seemed to cast in negative light the Machakos Catholic Bishop Martin Kivuva, with Makewa saying that the Primate refused to give him a hearing that the matter between him and Fr Nzuki be handled amicably through the church structures rather that go through the court process. “ I sent emissaries to him. I sent Mr Daniel Maanzo and Dr Mutuma. I sent a number of people but the Bishop shunted me. I wanted a face to face meeting between him, Fr Nzuki and myself”, he testified and referred to a verse in the Book of Corinthians that says that the servants of God should avoid taking their brethren to court.
Prosecution’s Case
The prosecution contends that it is Fr Makewa who shot Fr Nzuki on the fateful night as the priest was the only armed person that night at the parish. Besides, pallets removed from Fr Nzuki were identified as having been shot from Fr Makewa’s gun by a ballistic expert and the doctor who treated the victim at the hospital. Besides, police testimony in court is that there was no evidence that there were intruders at the parish house and no other cartridges were recovered from the compound, rubbishing Fr Makewa’s allegations that there were thugs on the fateful night.
Makewa said he shot that night, not purposefully to kill but to defend the parish, the priests, including Fr Nzuki, teachers and students of Makueni Girls. Asked by Mr Gichimu if he knew who shot Fr Nzuki, Makewa said curtly: ‘No’.
Emotional ending
He ended his testimony with an expressive and emotional epithet saying: ” This is a frivolous, vexatious, annoying, worrying and amusing charge. I’m being sacrificed at the alter of jealousy, conspiracy, malice and personal vendetta as all statements are implausible. Attempted murder combines both action and intention. If he wanted to kill Fr Nzuki, he would be dead.
He went on:” I have suffered like Jesus, working for long without holiday. I suffer no mental disorder for I would not have been given the various responsibilities I have held. I stop here hoping that this competent court will find the truth”.
Submissions will be made on May 2012
