DAWID Nowaseb, the 27-year-old man who is accused of killing his ten-month-old son to spite the baby’s mother has been found guilty in the Windhoek High Court.
High Court Judge Christie Liebenberg today also found Nowaseb guilty of assaulting the baby’s mother with the intention to cause her grievous bodily harm after he threw her with a stone.
The judge found that Nowaseb acted with direct intent to kill when threw his son, August Geinamseb, to the ground.
He initially pleaded guilty to the murder, but with dolus eventualis, which means although he foresaw the possibility of the infant’s death, he did not intend to kill him.
The state rejected this plea, claiming he acted with dolus directus, which is direct intent.
The murder occurred in Gobabis in October 2018 after the couple had an argument.
According to the indictment, Nowaseb also faced common assault charges when he slapped Lusia Geinamseb, his girlfriend at the time, as well as escaping from custody.
He was also convicted on those charges.
Nowaseb at a previous court appearance pleaded not guilty to the assault charges.
In relation to the escape from lawful custody, he escaped from custody in August 2019 while he was doing gardening work on the police premises.
He has pleaded guilty to this charge and explained that he ran away to a nearby farm where he went to look for his birth certificate before the police arrested him.
On that fateful day, Lusia and Nowaseb were out socialising at a local shebeen when an argument erupted, leading to Nowaseb publicly slapping Lusia.
Later that same night, another argument erupted outside their home and he hit her with a stone before she ran into the house to take shelter.
Nowaseb reportedly then took their two children and ran into the bushes.
According to Nowaseb’s plea explanation, read into the record by his lawyer Eliaser Shiikwa, Lusia’s relatives followed him when he ran away with the children and “out of anger, I intentionally threw the child to the ground, hitting his head. I was informed he later died.”
In delivering judgment, Judge Liebenberg said he was satisfied that Luisa is a credible witness and that the state has proven beyond reasonable doubt the allegations against Nowaseb.
The medical doctor who examined August said that the baby had suffered multiple skull fractures and died as a result of hypervolemic shock.
The state is represented by Joseph Andreas while Shiikwa represented Nowaseb.