One of the witnesses to an incident where Denzil Xavier Dawids (25), allegedly rammed into and killed a woman on 1 October 2023 in Gobabis, took the stand yesterday to testify. Alessandro van Rooyen told the court that he, Percival McCallum and Caden Snyders were at a bar when Dawids arrived and started spinning his Toyota Hilux.
Van Rooyen further told Windhoek High Court Acting Judge Makapa that Dawids’ car was parked close to the BMW they were travelling in, McCallum then asked Snyders to tell the accused to stop as his car was close.
He further said that when Snyders went to talk to the accused, the latter slapped him twice in the face and McCallum then went to separate them and picked up the accused put him behind the car and told them to get into the car so they can leave.
They then drove off and the accused followed them to Nossobville where they parked in front of McCallum’s residence. He further said they were leaning against the BMW when the accused’s car approached at a high speed and his spotlights glaring. He and someone he only identified as Bannas were standing against the BMW with McCallum when the accused suddenly swerved towards them.
According to the witness, he and Bannas then ran away towards the gate of the yard and Percival’s mother Yolande Regina McCallum pushed him (Percival) out of the way and was struck instead by the vehicle of Dawids.
She died on the scene because of her injuries. 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 by hitting her with his Toyota Hilux.
The charge of reckless driving is in relation to him driving at an excessive speed and with a wanton disregard for the safety of other persons or property.
The attempted murder charges relate to him driving at full speed at the vehicle that Percival and Snyders were in and colliding with it thereby attempting to kill them.
The assault GBH charges are in relation to the accused attacking and hitting Percival and Van Rooyen with a sjambok with the intent to cause them bodily harm. The assault charge relates to the accused slapping Snyders in the face with an open hand.
The malicious damage to property relates to Dawids damaging the vehicle the complainants and the deceased were in, to the amount of N$232 973.17 by causing a collision.
During cross-examination, Sisa Namandje, the privately instructed lawyer of Dawids, had a field day with the witness accusing him of selective memory and bias testimony. He told Van Rooyen that he conveniently chose to remember events that is in the favour of a conviction and contrary to what is in favour of the accused.
The accused pleaded not guilty to all charges and in instructions that came out during the cross-examination of several State witnesses, he claimed that while he was driving towards the complainants to find out why they assaulted him at the bar, they again assaulted him, and in a panic and to avoid being injured, he swerved his vehicle and lost control and he hit the BMW. According to him, it was all a tragic accident.
The case continues and Dawids remains in custody at the section for trial awaiting inmates at the Windhoek Correctional Facility. Basson Lilungwe represents the State.