Mariental father, son sought help before killing family member, judge recounts

Two Mariental men who were sentenced to effective prison terms of 20 years and 15 years, respectively, for the murder of a close family member in 2021 had sought help from the police, hospitals and social services for the deceased’s violent and erratic behavior and received no help, a High Court judge said on Friday.

Carlos le Roux (23), who was murdered by his father and brother at their home at Mariental on 9 April 2021, had long suffered from mental instability compounded by substance abuse, judge Philanda Christiaan recounted during sentencing proceedings in the Windhoek High Court on Friday.

Christiaan sentenced Carlos’ father, Hendrik le Roux (61), to 25 years’ imprisonment, of which five years are suspended for a period of five years, starting at his release from custody, while Carlos’ brother, Borris le Roux (31), was sentenced to a prison term of 20 years, of which five years are also suspended for a period of five years, starting at his release from prison.

“His erratic and often violent behaviour had strained the family to its limits. Repeated attempts by the accused to obtain assistance from the police, hospitals and social services yielded no sustainable relief. The household had become a place of tension, fear and exhaustion,” Christiaan summed up the situation in the Le Rouxs’ home before the fatal assault was carried out.

On the morning the assault occurred, a confrontation erupted again, leading to the assault on Carlos.

“The assault was severe and persistent,” Christiaan said.

“By sunrise, Carlos was lifeless. What happened was not a case of premeditated malice, but the result of years of desperation, frustration and emotional breakdown within a fractured home.”

The two men were found guilty on a charge of murder, read with the provisions of the Combating of Domestic Violence Act, on 3 October.

Christiaan found them guilty of murdering Carlos.

Carlos died of a head injury after he had been assaulted by his father and brother, who beat him with pieces of a hosepipe, Christiaan found when she convicted the two men.

Hendrik played a leading role and instigated the assault on his son, the judge also found.

Christiaan remarked at the start of her sentencing judgement: “The principles of peace, restraint and forgiveness within the family are among the highest moral duties of human society. When anger is met with anger and wrong is repaid with wrongdoing, harmony gives way to destruction. The law, like conscience, rejects retaliation as a means of resolving domestic conflict. It calls for restraint, lawful intervention and compassion, even in the face of provocation.”

In the Le Roux household, however, “frustration and despair gave rise to violence that claimed the life of a son and brother”, she noted.

During their trial, Hendrik and Borris both told the court the beating meted out to Carlos was not an assault but an attempt to “discipline” him.

In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.