Ten years for deadly assault on girlfriend
Almost five years after a 17-year-old pregnant teenager died as a result of a violent and drunken assault at the hands of her boyfriend on an Outjo farm, a Windhoek High Court judge has sentenced him to a decade behind bars after convicting him of culpable homicide.
In May, Judge Alfred Siboleka found the accused, Simon Tobias Ndeshifa, guilty of culpable homicide and not the charge of murder he was facing, following the fatal assault of his girlfriend Hinautiele Kandele Ndemupandula in November 2014. The judge said he had found there was credible evidence that Ndeshifa's severe state of intoxication, following a day of drinking prior to the violent assault, had diminished the intent to kill.
In May, during his judgment, Siboleka noted there is “credible evidence on this matter showing that the accused, while in the intoxicated state, started assaulting the deceased with a stick, delivering several blows all over her body as a result of which she later died”.
He said the accused's state of mind therefore “credibly displaces the alleged intention to kill the deceased”.
During testimony, Ndeshifa admitted that both he and Ndemupandula had been drinking Overmeer from 07:00 until around 18:00 prior to the deadly attack.
Witnesses corroborated that both Ndeshifa and Ndemupandula had been severely intoxicated during the argument, and the court moreover relied on evidence that following the assault, Ndeshifa fell asleep in the veld and was woken up by Ndemupandula who told him “he had beaten her”.
An examination found that Ndemupandula had bruises especially on her neck, right chest and face. The cause of death was head injuries. The prosecution argued during the trial that “substantial force” had been used during the attack on Ndemupandula.
Vicious
During sentencing last week, Siboleka stressed the “attack on the defenceless 17-year-old victim was vicious”, and underlined she was nearly two months pregnant and that the argument that resulted in her death took place in a domestic setting. The accused pleaded not guilty but admitted he had assaulted Ndemupandula after she refused to return to their home at a cattle post on the farm during the night in question.
He said the fight had revolved around his accusation she was having an affair because she wanted to sleep over at her friends' house. He forced her to return to their residence and attacked her on the way back. He eventually left her lying in the field, and when he returned, he found she had died.
The judge said the assault included “hitting her with sticks and other unknown objects and kicking her over her body and dragging her until she collapsed”.
Ndeshifa fled the farm the next day, after he realised she had died. He later told the police he had walked on foot to Kamanjab, about 150 kilometres away, to tell relatives.
JANA-MARI SMITH
In May, Judge Alfred Siboleka found the accused, Simon Tobias Ndeshifa, guilty of culpable homicide and not the charge of murder he was facing, following the fatal assault of his girlfriend Hinautiele Kandele Ndemupandula in November 2014. The judge said he had found there was credible evidence that Ndeshifa's severe state of intoxication, following a day of drinking prior to the violent assault, had diminished the intent to kill.
In May, during his judgment, Siboleka noted there is “credible evidence on this matter showing that the accused, while in the intoxicated state, started assaulting the deceased with a stick, delivering several blows all over her body as a result of which she later died”.
He said the accused's state of mind therefore “credibly displaces the alleged intention to kill the deceased”.
During testimony, Ndeshifa admitted that both he and Ndemupandula had been drinking Overmeer from 07:00 until around 18:00 prior to the deadly attack.
Witnesses corroborated that both Ndeshifa and Ndemupandula had been severely intoxicated during the argument, and the court moreover relied on evidence that following the assault, Ndeshifa fell asleep in the veld and was woken up by Ndemupandula who told him “he had beaten her”.
An examination found that Ndemupandula had bruises especially on her neck, right chest and face. The cause of death was head injuries. The prosecution argued during the trial that “substantial force” had been used during the attack on Ndemupandula.
Vicious
During sentencing last week, Siboleka stressed the “attack on the defenceless 17-year-old victim was vicious”, and underlined she was nearly two months pregnant and that the argument that resulted in her death took place in a domestic setting. The accused pleaded not guilty but admitted he had assaulted Ndemupandula after she refused to return to their home at a cattle post on the farm during the night in question.
He said the fight had revolved around his accusation she was having an affair because she wanted to sleep over at her friends' house. He forced her to return to their residence and attacked her on the way back. He eventually left her lying in the field, and when he returned, he found she had died.
The judge said the assault included “hitting her with sticks and other unknown objects and kicking her over her body and dragging her until she collapsed”.
Ndeshifa fled the farm the next day, after he realised she had died. He later told the police he had walked on foot to Kamanjab, about 150 kilometres away, to tell relatives.
JANA-MARI SMITH
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