A man who was convicted of killing his 27-month-old physically-challenged son by burying him alive at Onadhi village in Onyaanya constituency five years ago, has been sentenced to life imprisonment by the Oshakati High Court.
Nicolau Nghuumbwavali (31) was found guilty of murder with direct intent, and attempting to defeat the course of justice in April by High Court Judge Erich Kesslau.
The convictions are in relation to the death of his son Joseph Tuyenikumwe Nghuumbwavali, who died on 21 January 2020.
During the trial, the State managed to prove that Nghuumbwavali murdered his son by inserting his upper body into an empty maize meal bag, and then burying him alive in a shallow grave in their family’s mahangu
field.
Although he admitted to several witnesses that he buried his son, he said he could not recall what had transpired.
The minor was found buried with his personal belongings.
Medical evidence indicated that the deceased died from suffocation.
“The deceased was a two-years and three-months-old, helpless and physically disabled child. He was one of the most vulnerable members of society, depending on the mercy of his family members for survival. He was killed by a person who was supposed to protect and care for him,” Kesslau said in sentencing.
He said he agreed with the State that the crime was premeditated.
“The accused first cleared an area in the mahangu field where he planned to bury the deceased. He involved other children of the household to complete this task, informing them that they were cultivating the land,” he said.
Kesslau went on to say that evidence presented showed that Nghuumbwavali further told the children that the deceased would be returned to his mother who would collect him at the roadside. He then instructed another child to bathe the deceased in preparation for this ‘journey’.
“After burying the deceased alive with all his documents and clothes, he wrote a letter indicating that the child was returned to stay with family in Angola and that they will not see him again. These facts indicate that the crime of murder was pre-planned,” he said.
He sentenced Nghuumbwavali to life imprisonment on the murder charge, and 12 months on a charge of obstructing the course of justice.
-mamakali@nepc.com.na