Iuze Mukube
“You have killed me” were the last words of Fransiska Ngeve Simaho, who died at the hands of the man who was supposed to protect her.
Andreas Kapepo Kudumo was on Monday found guilty of killing his wife by stabbing her with a knife before hitting her head with an iron rod.
The incident occurred on 21 November 2019 at or near the Rundu district. On the same date, the accused unlawfully assaulted his stepdaughter by stabbing her with a knife, causing wounds, bruises or injuries with the intent to cause grievous bodily harm. High Court Judge Erich Kesslau said he inferred from the circumstances presented to court on the form of intent under which murder was committed.
He pointed out that the accused was heard telling the deceased “You will die” and testified that he told the deceased “I will kill you”.
“The knife and iron rod used during the attack are both dangerous weapons,” Kesslau said.
There was evidence that the knife was used with excessive force, causing it to break apart and causing deep penetrating wounds to the victim.
After the knife broke, the accused then turned to the iron rod, where once again excessive force was used, causing a skull fracture.
The judge said he was satisfied that it was proven that the accused acted with direct intent when committing the murder.
A multitude of wounds and injuries were inflicted, some of which were to vulnerable parts of the body, including the head of the victim.
On count two, the judge was satisfied that the State proved the competent verdict of common assault, supported by medical evidence of a soft tissue injury to the complainant, the accused’s stepdaughter.
A witness, Constable Mwambu, testified that on 22 November 2019 while on duty, the accused arrived, and without the officer soliciting the information, the accused informed him that he stabbed his wife three times because he suspected her of cheating.
Further, the attack was started by the victim, who removed a knife from under the bedding and then stabbed him on the left hand.
He then overpowered her, removed the knife and stabbed her.
The officer said he did not observe any injuries on the accused.
The accused testified that later that night, he accidentally touched his wife’s arm whilst in bed.
After she woke up, she grabbed a knife and tried to stab him, but he managed to take it from her.
He added that the victim fell onto the floor and grabbed his testicles while he remained on the bed.
This prompted him to stab her once on the left side of her stomach, after which she let go.
He then questioned if she wanted to kill him, accused her of provoking him for a long time, and told her he would kill her before killing himself.
The accused then stabbed her once on her neck out of anger, followed by one stab to her arm, during which the knife broke in two, as the victim held on to the blade.
The victim fell to the floor, and the accused took an iron bar and hit her once on the head.
Kudumo confirmed that when he stabbed the victim in the neck and arm, and hit her with the iron bar, she was not doing anything to him.
He said he acted out of anger.
He denied the version that the stepdaughter saw him collecting the knife from the kitchen.
In addition, Kudumo denied that his pinkie was injured by the deceased.
He also denied that the stepdaughter heard him saying “The same way you aborted my children, you will die”.
The accused admitted that he had the intention of killing the victim when he stabbed her.
However, he maintained that he acted in self-defence, a version the judge dismissed.