AN Angolan man who was jailed for fatally assaulting his two-month old pregnant customary wife got off easy in the high court this morning when he was acquitted on murder and instead found guilty of culpable homicide.
Simon Tobias, 30, was employed at a farm around Outjo where he and his girlfriend Kandele Ndemupandula,17, were both residing. The two were living as husband and wife on the farm.
On the night in question, the couple allegedly went out for a drink at nearby shebeen when Simon beat Ndemupandula with a stick, leaving her with severe injuries that led to her death.
Simon is said to have been drunk when he hit his girlfriend and was unable to remember the events that led to her death. He reportedly assaulted her on their way from the shebeens and left her to die.
“There is credible evidence that he assaulted her with a stick while he was intoxicated. This state of the accused mind credibly displaces the alleged intention to kill the deceased. He stated that he excessively consumed alcohol and related the same version under oath, corroborating other prosecution witnesses,” Judge Alfed Siboleka said.
The judge ruled that Simon could not even remember how he left his friend’s house and whether or not Ndemupandula had shoes on.
As a result, Simon was instead found guilty of culpable homicide and not guilty on murder. He is scheduled to return to court on 11 June for final submissions.