WINDHOEK – The Windhoek High Court yesterday convicted a man who assaulted his pregnant girlfriend to death five years ago in Outjo while heavily intoxicated.
Judge Alfred Siboleka convicted Angolan national Simon Tobias Ndeshifa, 32, of culpable homicide and not murder as charged initially.
Ndeshifa, a farm worker, was on trial on a charge of murder read with the provisions of the Domestic Violence Act for the death of Hinautiele Kandele, 17, on November 2, 2014.
According to the court, although Ndeshifa admitted to assaulting Kandele there is no evidence stating that he had the intention of killing her on the fateful day. Ndeshifa pleaded not guilting stating that he was too drunk to even recall what transpired that night.
“There is credible evidence in this matter showing that the accused, while in an intoxicated state, started assaulting the deceased with a stick, delivering several blows all over her body which resulted in her dying later. The state of the accused’s mind credibly displaces the alleged intention to kill the deceased,” explained Siboleka when handing down judgement.
Ndeshifa and Kandele were allegedly in a domestic relationship and living together on the farm in Outjo at the time of the incident. Kandele was two months pregnant when she died.
Witnesses who testified during the trial indicated a fight between the couple erupted when Ndeshifa found his lover sleeping at another man’s house.
Ndeshifa allegedly suspected the deceased of cheating on him when she refused to leave with him.
State witnesses testified that upon discovering her in another man’s house Ndeshifa became furious and assaulted the deceased. When the couple finally left, Ndeshifa allegedly started hitting Kandele with a stick all over her body while they were walking in the veld going home. Kandele suffered several fatal blows to the head which consequently caused her death.
During his testimony, Ndeshifa explained that after he woke up and realised what he had done to his lover, he freaked out and called someone who worked at another farm to help him with money so that he could run away. He also told him that he had left his lover in the bush.
Ndeshifa fled into the mountains only to be arrested days later in Kamanjab on November 7, 2014.
Ndeshifa’s defence counsel Titus Ipumbu and state advocate Karen Esterhuizen are expected to present their submissions before the court sentences Ndeshifa on June 11.