Judge notes brave last actof mother killed in car crash

A Teacher killed in an intentional car crash at Gobabis two years ago carried out a selfless last act by pushing her son out of harm’s way.

This was noted by acting judge Makapa Simasiku in the Windhoek High Court on Monday, when he sentenced the man responsible for the crash that claimed the life of Yolande McCullum (38) to an effective prison term of 15 years and three months.

Simasiku commented that Denzil Dawids (25), who was found guilty of murder, committed without a direct intention to kill, two counts of attempted murder and four other charges two weeks ago, showed a reckless disregard for human life with the fatal collision that he caused.

McCullum was the mother of four children, who have experienced a loss that is profound and irreversible, Simasiku said.

He said McCullum’s selfless act of pushing her son out of harm’s way when Dawids tried to hit him with the pickup he was driving a split second before she was struck by the vehicle, “is a testament to a mother’s unwavering love and devotion”.

Simasiku added: “In that moment, she made the ultimate sacrifice, giving her life to save her child, and her heroic actions will forever be remembered as a poignant reminder of the depth of a mother’s love.”

Simasiku sentenced Dawids to 18 years’ imprisonment on a charge of murder, with four years of that sentence suspended for a period of five years.

Dawids was also sentenced to a jail term of five years on each of two counts of attempted murder, with those sentences ordered to be served concurrently with the sentence on the murder charge.

Simasiku further sentenced him to prison terms of six months each on two charges of assault, and to three months’ imprisonment on a third count of assault.

Dawids was prosecuted in connection with incidents that took place at Gobabis during the early morning hours of 1 October 2023.
During one of those incidents, McCullum was fatally injured when she was struck by a bakkie driven by Dawids.

The fatal incident took place after Dawids had been involved in an altercation with a group of young men at a bar at Gobabis.

That altercation happened after Dawids had been asked to stop spinning the wheels of his bakkie outside the bar.

Dawids was assaulted during the incident at the bar, and thereafter followed the car in which the people he had clashed with left the bar.
He crashed into the side of their car when he found their vehicle standing in the Nossobville area of Gobabis.

McCullum was struck when she jumped in front of the oncoming bakkie to push her son out of the vehicle’s way.

Simasiku found that Dawids attempted to kill two men – one of them a son of McCullum – when he aimed his pickup at the stationary car, where the two men were standing, and drove into the vehicle.

After the collision, Dawids also assaulted McCullum’s son and another man at the scene of the crash.

Simasiku found that Dawids foresaw the possibility of someone being killed in the crash, and that he recklessly proceeded with his actions despite that possibility.

During the sentencing, Simasiku remarked that Dawids’ “actions suggest a volatile temperament, marked by anger and aggression, often sparked by minimal provocation”.

However, Dawids’ status as a first-time offender, his youth and a genuine expression of remorse through repeated apologies are significant mitigating factors, Simasiku said.

Defence lawyers Sisa Namandje and Karel Gaeb represented Dawids during his trial.
State advocate Basson Lilungwe prosecuted.

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