The Supreme Court has convicted a 40-year-old father of attempted homicide with premeditation contrary to section 106 (1) (b) and section 28 of the Penal Code Act [Cap 135].

The  father was initially charged with three counts, where he pleaded guilty to intentional assault and threats to kill a person. He denied the charge of premeditated attempted intentional homicide which was followed by a trial.

The facts before the court were that on Sunday 26 March 2017 at about 1:30pm, at a prayer room of the New Covenant Church at Namaburu, the defendant assaulted his wife by hitting her head with the claw hammer. He hit her on her head a number of times and then continued to hit her on her hand and shoulder with the same hammer.

She was taken to hospital and had her head stitched.

The court heard that the father committed the act after hearing from his daughter that she saw clothes belonging to a male pastor inside the room where her mother was sleeping at a room inside the New Covenant Church premises.

The couple had separated after four years of their marriage, and their six children are living with the father at Blacksands area.

He attended church service with their daughter on that Sunday morning when their daughter made the revelation to him. The father was known to other church members as Prophet Philemon.

Prior to hitting his wife on that day, the father told his wife, “Tede bae mi finisim yu”. He stated these words in front of few other women who later witnessed the man hitting his wife.

Although the man claimed it was not his intentions to kill his wife, and that he was only protesting because he was looking after their children while the wife was spending her time praying, Chief Justice Lunabek said he do not accept the accused’s actions amounted to simple protest.

Lunabek stated, “The totality of evidence establishes that the acts of the accused on March 26, 2017 amounted to attempted killing and the conduct of the accused convince me beyond a reasonable doubt of the existence of premeditation at the time of the attempted killing.”