Angolan admits killing 17-year-old woman, denies murder

Windhoek-An Angolan national who killed his 17-year-old common law wife by beating her to death with a stick at a farm in the Outjo district in November 2014 yesterday admitted he assaulted the deceased, but denied that he intended to kill her, or foresaw his actions could cause her demise.

Simion Tobias Ndeshifa, 29, pleaded not guilty to one charge of murder read with the provisions of the Domestic Violence Act when he made an appearance before Judge Alfred Siboleka in the Windhoek High Court.

According to the State, he killed Hinautiele Kandele Ndemupandula, who was two months pregnant, during the period November 1 to 2, 2014 on Farm Dornputz, where they resided at a cattlepost. The State alleges that during the day of November 1, 2014, Ndeshifa and Ndemupandula were socialising and drinking alcohol with other farmworkers at a cattlepost on the farm, whereafter the Ndeshifa returned to his residence without Ndemupandula.

Later that evening Ndeshifa received a call from a witness, who told him that Ndemupandula was sleeping in a hut at the cattlepost they socialising at earlier that evening, the indictment read.

It further states that after the phone call Ndeshifa went to the place where Ndemupandula was and demanded Ndemupandula accompany him home. This was while assaulting her with a stick, kicking her all over her body and dragging her until she collapsed and died on the scene due to head injuries caused by the assault.

After his plea, the state-funded lawyer of the accused, Titus Iipumbu, told the court the plea is in accordance with his instructions as Ndeshifa denies that he murdered Ndemupandula.

According to Iipumbu, Ndeshifa admits he beat Ndemupandula with a stick, but denies he had the required intention to kill, or that he could have foreseen she would die as a result of the assault.

Ndeshifa further claims he was heavily intoxicated when he assaulted Ndemupandula. According to Iipumbu, during the day in question Ndeshifa, Ndemupandula and other farmworkers imbibed excessively in wine for the whole day and that he went home at around 17h00, leaving his partner behind.

At around 22h00 that evening he received a phonecall from a certain Johnny, who told him Ndemupandula was sleeping in his room and he went there the collect her. When he arrived at the residence of Johnny, he found Ndemupandula asleep in the room and he woke her up and asked her to go with him.

The deceased initially refused to leave the room, but the accused managed to convince her and they left for their own home, Iipumbu told the court. He went on to say that while on their way an argument erupted between the two and Ndeshifa picked up a stick, with which he started to beat her.

While assaulting the deceased with the stick, he could not foresee the blows would kill the deceased as the deceased did not die instantly, Iipumbu told to the court.

One of the state witnesses, Selma Immanuel told the court the deceased arrived that evening at the house she shares with her brother and another farmworker, identified only as Markus. She said the woman told her she was lost. So, Immanuel told Ndemupandula to sleep in Markus' room, as he was not there.

Her brother (Johnny) then called the accused to let him know the deceased was safe, but after a while the accused arrived and took the deceased home, despite her refusal.

Immanuel further testified that she heard sounds as if the accused was beating the deceased and at one stage heard the deceased running past her door and fall against the fence. The next morning, Selma said, she saw scuff marks on the ground where the deceased fell and also found one shoe of the deceased.

Ndeshifa remains in custody. The case continues today. Deputy Prosecutor General Karin Esterhuizen is prosecuting.

Source: New Era Newspaper Namibia