WINDHOEK - A man accused of killing a boy he had believed to be his own son, until he heard rumours to the contrary after his break-up with the biological mother of the boy is set to undergo psychiatric evaluation at the Windhoek Central Hospital to determine his mental state.
Windhoek High Court Judge Nate Ndauendapo was informed yesterday that a bed was secured for Simon Muno Reeves Dawid, 48, to undergo a 30-day mental observation to determine his mental health status prior, during and after the commission of the alleged offence.
His State funded lawyer Vernon Lutibezi asked the court to refer Dawid for mental observation after he took over the trial from Mbanga Siyomunji who withdrew citing conflicting instructions.
Siyomunji told Judge Ndauendapo he cannot with a clear conscience continue to represent Dawid after the latter went against the instructions he gave the lawyer and gave contrary evidence in court.
While Dawid told him during consultations that he heard a commotion while he was in a separate room from the boy, and the boy had allegedly told him that Joel Nando Shiimi, their neighbour and one of the state witnesses, pushed him from a “high position” and he hurt his right side, Dawid told the court a different story when he testified in his own defence, Siyomunji said.
During his testimony, he shifted the blame clearly on to the shoulders of Shiimi, saying he actually saw Shiimi let the boy fall which caused Siyomunji to reconsider representing Dawid.
When he took over the matter, Lutibezi asked the court to refer Dawid for mental observation, as he could not take definitive instructions from him.
At the start of his trial, Dawid pleaded not guilty and put the prove of all allegations on the State.
He informed the court that he will remain silent and will not reveal the basis of his defense, but that it will become apparent as the trial unfolds.
The State alleges that Dawid killed Athanosius Katholo Reeves Simbo who was four years old at the time of his demise in a fit of rage, after he discovered he was not the biological father of the boy.
According to the indictment, the mother of the boy and the accused were in a romantic relationship at the time of the boy’s birth on August 20, 2010 and the mother had informed him it was his child.
During 2012, the relationship between the mother of the boy and the accused ended and the boy remained in the custody of the accused, who cared for him as a father and he shared a residence with the boy, who was financially dependent on the accused.
But, according to the indictment, the accused became worried about rumours that he was not the boy’s biological father and on July 07, 2015 after a visit with friends, he locked himself and the boy in his residence in Katutura and proceeded to hit and throw the boy on the ground and against the wall of his residence, killing him due to blunt force trauma to the head.
Subsequent DNA tests confirmed the boy was not the biological son of the accused.
The matter has been postponed to July 19 and the warning of Dawid was provisionally cancelled for the time he undergoes observation.
The State is represented by Advocates Erich Moyo and Ethel Ndlovu.
2019-06-20 09:27:16 2 months ago