A father and son accused of killing a close family member through a fatal assault at Mariental in April 2021 were both found guilty on a charge of murder in the Windhoek High Court on Friday.
Judge Philanda Christiaan convicted Borris le Roux (31) and his father, Hendrik le Roux (61), of murder committed without a direct intention to kill, and acquitted them on a charge of assault with intent to do grievous bodily harm.
The two men denied guilt on both charges at the start of their trial in February this year.
The state accused them of assaulting and murdering the 23-year-old Carlos le Roux, who was Hendrik’s son and Borris’ younger brother, at Mariental on 9 April 2021.
Carlos died during the morning of 9 April 2021 at his family’s home at Mariental.
The state alleged that the two accused killed Carlos at their home by beating him with broom sticks, plastic pipes, steel pipes or other unknown objects and also kicking him.
The court heard during their trial that Carlos was receiving a government disability grant as he was unfit to work because of mental illness and substance abuse.
The state alleged in its indictment that Carlos had a history of damaging the belongings of his father and brother.
Because of Carlos’ behavioural problems, his father later held the opinion that neither the police nor social workers at Mariental could help or wanted to help him with his son’s problems, the state alleged in its indictment as well.
The state further alleged that on 8 April 2021 Carlos broke four window panes of his father’s house.
A medical doctor testified during the trial that according to a post-mortem examination report Carlos died as a result of a head injury, caused by blunt trauma.
It was also recorded in the post-mortem examination report that Carlos had multiple superficial cut wounds all over his body.
Christiaan found in her judgement on Friday that the two accused acted together to carry out a joint assault that ended Carlos’ life.
“Their denials were improbable and not reasonably possibly true,” she concluded.
Borris and Hendrik were free on bail until the delivery of the verdict in their trial.
They are now being held in custody, and have to return to court for a presentence hearing on 31 October.
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