State Advocate Basson Lilungwe yesterday asked Windhoek High Court Acting Judge Makapa Simasiku to find Denzil Xavier Dawids (25) guilty on all charges he faces. 

Dawids allegedly rammed his car into a stationery vehicle and killed a female passenger on 1 October 2023 in Gobabis. 

He denied all charges and said the incident was the result of a tragic occurrence which resulted from him being accosted by stones and panicking. 

Lilungwe said this version is being fabricated to suit the narrative of the accused. 

He stated that the truth of the matter is that the accused followed the complainants after their altercation at the bar with the intent to kill someone. 

He said this is borne out by the evidence that the accused switched on his spotlights when he entered the street where the complainants were parked and accelerated while steering straight at them. 

Dawids is facing one count of murder, one count of reckless or negligent driving, two counts of attempted murder, two counts of assault with intent to do grievous bodily harm, one count of assault and one count of malicious damage to property. 

It is alleged by the State that he intentionally killed Yolande Regina McCullum by hitting her with his Toyota Hilux. 

Lilungwe said the evidence by the defense witness about stones being thrown at the accused is the same as the testimony by the accused. 

This, Lilungwe asserted, is an attempt by Dawids to have someone corroborate his lie about stones being thrown. 

“It is a script,” he stated. 

He added that the contradictions in the testimonies of the State witnesses are not material and do not deviate from the evidence that Dawids drove recklessly into the stationary vehicle. 

Lilungwe, however, conceded that the charge of reckless driving and malicious damage to property is the result of one continuous action and the two attempted murder charges, which could be a duplication of charges. 

Dawids’ lawyer Sisa Namandje argued that the inconsistencies and contradictions of the State witnesses effectively destroyed the State’s case. 

He said, in contrast to the State witnesses, his client was forthcoming and straight to the point. 

He added that the testimonies of the State witnesses were riddled with inconsistencies and contradictions. 

Namandje argued that the version of the accused must be accepted by the court. 

Judge Simasiku reserved his judgment. 

Dawids remains in custody at the section for trial awaiting inmates at the Windhoek Correctional Facility. 

-rrouth@nepc.com.na