Son says father instructed him to beat brother before death
A mariental resident accused of carrying out a fatal assault on his brother in April 2021 says his father instructed him to beat his sibling with a piece of hosepipe to chastise him.
In testimony heard by judge Philanda Christiaan in the Windhoek High Court last week, Borris le Roux (31) denied there was an intention to kill his younger brother, Carlos le Roux (23), when he and his father beat Carlos with pieces of hosepipe.
“There was no intention to kill him,” Borris said, having told the judge his father instructed him to “chastise” his brother, who he said had acted aggressively and violently towards their father.
Carlos died during the morning of 9 April 2021 at his family’s home at Mariental.
Borris and Hendrik denied guilt on charges of murder and assault with intent to do grievous bodily harm, both read with the provisions of the Combating of Domestic Violence Act, at the start of their trial in February.
The state is alleging that the two accused killed Carlos at their home in the Takarania area of Mariental on 9 April 2021 by beating him with broom sticks, plastic pipes, steel pipes or other, unknown objects and also kicking him.
The court has heard that Carlos was receiving a government disability grant as he was unfit to work because of mental illness and substance abuse.
The state is alleging in its indictment that Carlos had a history of damaging the belongings of his father and brother, and that a criminal case was opened against him in December 2017 after he had allegedly set fire to his father’s property.
Hendrik withdrew that charge against Carlos in January 2018, though.
Carlos’ behavioural problems continued after that, and his father later believed neither the police nor social workers at Mariental could help or wanted to help him with his son’s problems, the state alleges in its indictment.
The state further alleges that Carlos broke four window panes of his father’s house on 8 April 2021.
Medical doctor Mamadi Guriras testified during the trial last week that according to a post-mortem examination report Carlos died as a result of a head injury, caused by blunt trauma.
Guriras said it is recorded in the post-mortem examination report that Carlos had multiple superficial cut wounds all over his body.
Borris, who testified in his own defence on Thursday and Friday, told the judge he heard his brother being aggressive towards their father and asking for food after Carlos had returned home in the early morning hours.
He said he also heard the sounds of his brother wrestling with their father, heard Carlos screaming and went to separate his brother and father.
Carlos also attacked him, though, and their father then used a piece of hosepipe to “chastise” Carlos and separate the two brothers, Borris said.
On his father’s instructions, he too beat his brother with a piece of hosepipe, Borris said.
The beating was paused at times, but continued when Carlos again acted aggressively and violently because of evil inside him that would not allow him to stop, Borris told the judge.
His testimony was interrupted on Thursday when he was overcome by emotions and broke down in tears.
Although it felt like he and his brother were involved in a war with each other due to Carlos’ violent behaviour, he loved his brother and is missing him after his death, Borris said.
The trial is scheduled to continue from 4 August.
Borris and Hendrik, who are being represented by defence lawyer Peru Liebenberg, have both been released on bail.
State advocate Ethel Ndlovu is prosecuting.
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