Woman fit to stand trial for son’s murder despite mental disorders

A woman accused of murdering her one-year-old son two years ago by stabbing him at least 15 times with a knife is mentally fit to stand trial, a judge has found in the Windhoek High Court.

Although Vapeni Lucia Boois (37) has been diagnosed with borderline personality disorder and persistent depressive disorder, a panel of mental health professionals concluded that she is fit to stand trial, judge Philanda Christiaan noted in a judgement she delivered yesterday.

Christiaan also noted that the panel concluded Boois was capable of realising the wrongfulness of her alleged actions and the consequences of it when the crimes she is accused of were committed, but that her responsibility for her alleged actions is diminished.

The diminished responsibility is a matter to be taken into account if she is sentenced, if she is found guilty following a trial, Christiaan added.

Like the panel of mental health professionals, Christiaan also concluded that Boois is fit to stand trial and can be held criminally liable for the actions she is accused of.

Boois, who is a former police officer, is due to be prosecuted on a charge of murder, read with the provisions of the Combating of Domestic Violence Act, and a count of defeating or obstructing the course of justice.

The state is alleging that Boois murdered her one-year-old son, Amare Boois, in the Bethanie area in the //Kharas region on 12 January 2023.

Amare was allegedly stabbed at least 15 times with a knife or other sharp object.

The state is also alleging that Boois buried the boy’s body in a shallow grave after he had been killed, and burned some clothes and other objects in an attempt to destroy evidence and frustrate a police investigation into Amare’s death.

Boois had left her mother’s house at Swakopmund, where she was staying, with her son three days before the boy was killed, the state is alleging as well.

A psychiatrist employed at Windhoek Central Hospital, Dr Hilen Ndjaba, testified before Christiaan three weeks ago that according to Boois, she wanted to also kill herself after she had stabbed Amare to death.

Boois told her during a period of psychiatric observation in March and April last year that she and her son had experienced enough pain in their lives and that she wanted to end her own and her son’s suffering, Dr Ndjaba testified.

Boois also told her she did not understand why the police arrested her after the killing of her son, Dr Ndjaba recorded in a report compiled at the end of Boois’ period of psychiatric observation.

In her testimony three weeks ago, Dr Ndjaba added that Boois was feeling hopeless, abandoned and rejected before the fatal incident, and felt the only way to get out of her situation was to end her own life and the life of her son.

After hearing Christiaan’s judgement yesterday, Boois told the judge she would not proceed with a trial unless it takes place under United Nations supervision.

She also repeated a previous statement that, in her opinion, she was done with the case in which she is charged.

Boois has repeatedly told the court that in her view her case was concluded in a lower court, before the matter was transferred to the High Court last year, and that she cannot be tried in the High Court.

Christiaan informed Boois that, following her ruling on Boois’ fitness to stand trial, the court will proceed with a normal trial for her.

Boois, who has elected to go without legal representation, is scheduled to return to court on 20 May, when her trial dates are to be decided.