WINDHOEK - A man accused of killing a boy he was made to believe was his own son, until he heard rumours to the contrary after his break-up with the mother of the boy pleaded not guilty to a charge of murder read with the Domestic Violence Act before Windhoek High Court Judge Nate Ndauendapo.
Simon Muno Reeves Dawid, 46, informed the court that he will remain silent and will not reveal the basis of his defence, but that it will become apparent as the trial unfolds
The state alleges Dawid in a fit of rage killed Athanosius Katholo Reeves Simbo who was four years old at the time of his demise, 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.
His Legal Aid lawyer, Mbanga Syomunji confirmed the plea is in accordance with his instructions and the state called its first witness, Roslin Oarum, who testified that she lived in the same yard as the accused and that day she was at home. According to her, she went to bed early as she was tired and at around 20h00 while the NBC news was on, she heard her boyfriend Joel Shiimi arrive home and after some minutes she could hear him speaking to Dawid in Oshiwambo. Shortly thereafter, she said, Shiimi burst into their room screaming “frantically” come look what Dawid has done.
According to the witness, she went and looked inside the window of the accused’s room and saw him holding the boy on his feet dangling and banged his head against the floor. She said she heard three thumps, but under cross-examination conceded that she only saw the boy’s head hit the floor once. When Siyomunji put the version of Dawid to the witness, that she gave him N$100 to go and buy beer for him and Shiimi and cold drink for the boy, the witness was adamant she did not even have a conversation with Dawid that evening and that Shiimi only arrived later that evening. She also vehemently denied the accused’s version the boy told him that Shiimi pushed him from some place high and that he hurt his side.
According to Oarum, it was Dawid who killed the boy because he found out he is not the boy’s biological father.
At the start of her cross-examination, the witness informed the court that there was a very close bond between the boy and Dawid and that she still to this day cannot get to grips with what he did.
The trial continues tomorrow with Dawid out on warning. The state is represented by Advocate Erich Moyo.
2018-12-04 09:23:47 4 months ago