Convicted man admits child killing

AFTER more than five years of denials, a Windhoek resident yesterday admitted in the Windhoek High Court that he was responsible for the death of a nearly five-year-old boy killed in an assault in July 2015.

Simon Dawid (50) was testifying in mitigation of sentence before judge Nate Ndauendapo, who convicted him of murder four weeks ago, when he finally admitted that he caused the death of the boy Athanosius Simbo on 5 July 2015.

Athanosius died of head injuries – including three distinct skull fractures – after he had been slammed repeatedly to the floor of Dawid’s house in Katutura, Windhoek. He was killed about six weeks before he would have turned five years of age.

Dawid denied guilt during his trial and claimed the injuries which claimed Athanosius’ life had been caused by a neighbour. With two eyewitnesses having testified that they saw Dawid lift the boy into the air and throw him to the floor, the judge rejected Dawid’s version and found him guilty of murder committed with a direct intention to kill.

Dawid told the judge yesterday he was feeling “very bad” about what happened, and that he knew he made a mistake and was sorry about what he did.

When Ndauendapo asked him what he had done, Dawid answered that he was responsible for letting Athanosius fall. On a further question from the judge, Dawid confirmed that he slammed the boy to the floor, and that this caused his death.

The reason for the assault on Athanosius, he added, was that people were telling him he was not the boy’s father.

The court heard earlier during the trial that Dawid and Athanosius’ mother, Stella Simbo, had been involved in a romantic relationship and that the boy continued to live with Dawid after the relationship had come to an end.

Simbo also told the court Dawid had been a good and loving father to her son, and that the boy in turn loved Dawid very much.

Returning to the witness stand to testify during Dawid’s presentence hearing yesterday, Simbo acknowledged that she had also been seeing another man while she and Dawid were involved in a relationship. She further said when DNA tests were done after her son had been killed it was confirmed that Dawid was not the boy’s biological father.

Simbo said Athanosius’ death affected her badly and she went through a period of alcohol abuse after he was killed. Dawid should be sentenced to imprisonment for life, she suggested.

State advocate Erick Moyo also proposed a sentence of life imprisonment. On Dawid’s treatment of Athanosius because Dawid’s paternity of the child was questioned, Moyo remarked: “The sins of the mother should not be visited on the innocent soul.”

The judge should also keep elements of mercy in mind, though, defence lawyer Vernon Lutibezi argued. He noted that Dawid was at the age of 50 a first-time offender, and suggested that a term of 28 to 30 years’ imprisonment would be an appropriate sentence.

Ndauendapo postponed the sentencing to 11 November.

Dawid has been kept in custody since he was found guilty on 24 September.