A 50-year-old Windhoek resident who allegedly killed a four-year-old boy by repeatedly smashing the boy’s head on a concrete floor in 2015 was convicted of murder with direct intent.
High Court Judge Nate Ndauendapo ruled that Simon David planned to kill the boy because he was haunted by the rumours that he was not the father.
He further said the State proved their case against David beyond reasonable doubt.
David was on trial on a charge of murder read with the provisions of Domestic Violence Act for the death of Atinestius Simbo (4) who died on 5 July 2015 in Katutura, Windhoek. David denied guilt, stating that it was his neighbour who murdered the boy, a version that was strongly denied by the court.
According to witnesses who reside close to David’s residence, days before the tragic incident, he and the boy’s mother, Stella Simbo had an argument about the boy’s paternity. David allegedly heard in the neighbourhood that the boy he was raising was not his. Through their argument, Simbo allegedly told David that he was not the father of the boy.
David then told Simbo that he was going to kill the boy. Simbo testified that after a few days, she was informed of her son’s death.
It’s alleged that one of Simbo’s friends too told David that he was not the father of the boy, which made him angry.
On the day of the incident, David was heard by neighbours assaulting the boy. One of the neighbours allegedly heard the boy pleading with David, saying “sorry papa, sorry papa”.
The neighbour went to see through the window and saw David holding the boy by his legs, hitting his head to the floor. The neighbour pleaded with David to stop but he would not.
In shock, the man went to call his fellow neighbours who rushed to rescue the boy. They testified that they could not enter the house as David had locked the door. Peeping through the window, they saw David seated on a bench while the boy lay lifeless on the floor.
It allegedly took a while before David finally unlocked the door to the house.
According to the post-mortem report, the cause of death was blunt force trauma to the head. The boy sustained three fractures to the head. The report indicated that with such injuries, the boy had no chance of survival.
“It is clear that the accused was angry after hearing from the deceased’s mother and her friend that he was not the father. He then planned to kill the deceased, “ said Ndauendapo before convicting David.
The deceased’s mother is expected to take the witness stand during mitigation before sentencing on 19 October.
David, who was on warning, was taken into police custody after his conviction.
Defence lawyer Vincent Litubezi is representing David with Erick Moyo prosecuting for the State.