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, was released on a warning yesterday pending his trial in the Windhoek High Court, by Judge Nate Ndauendapo.
This came after Simon Muno Reeves Dawid, 46, failed to turn up for his scheduled court appearance on November 28 last year and again on December 12 after a warrant for his arrest was issued. His bail was then cancelled and forfeited to the State whereafter the warrant was confirmed with immediate effect.
However, it turned out that Dawid was assaulted on November 26 and hospitalised. According to the medical report he suffered a fractured skull and was unconscious for several days with nobody knowing his whereabouts.
His State-funded lawyer, Mbanga Siyomunji, informed the court yesterday that Dawid arrived at his offices on December 15, two days after his release from hospital, to inform him of what happened. He then immediately contacted the prosecution to inform them about the circumstances, Siyomunji said, but was informed he could bring the matter to the court’s attention in January when court resumes.
Siyomunji said before he could do that his client was arrested on the warrant and detained. He then asked the court to release Dawid on a warning pending the finalisation of his trial. According to Siyomunji, his client has not missed one of his court appearances since his arrest and subsequent release on bail and he is determined to see his trial through.
State Advocate Cliff Lutibezi, who appeared for the prosecutor general, however argued that Dawid had enough time after he regained consciousness in hospital to contact his lawyer or even the police to explain his circumstances, but waited until two days after his release to inform his lawyer. He argued that Dawid cannot be trusted to attend court and should therefore be kept in custody until the finalisation of his trial.
Judge Ndauendapo however did not agree with Lutibezi and ordered that Dawid must be released from custody, and warned him to be at court when the trial starts on November 28 this year.
Dawid faces a charge of murder read with the provisions of the Combating of Domestic Violence Act.
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 7, 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.