Murderer Pleads Fog Of Drunkeness
Lebogang Mosikare | Tuesday September 7, 2021 06:00
Nthoiwa Maxala, 38, narrated how he drank six-pack after six-pack of St Louis on September 13, 2015, before he murdered Thuso Duncan Mlaladzi, then a Physics teacher at Tutume McConnell College in Tutume.
Nthoiwa said that on that fateful day, he knocked off at around 2pm at his brick moulding business in Borolong and thereafter went to Savemore Bar in Borolong to drink alcohol.
Nthoiwa said he bought two six-packs of St Louis and thereafter went to Tati Siding to take some foodstuffs and clothes to his childhood where he also bought a six-pack of St Louis to replenish his alcohol.
From Tati Siding, Nthoiwa said his cousin, Tholego Maxala, bought him another six-pack of St Louis at Savemore which he drank in his car before he and Maxala drove Maxala’s girlfriend, Masa Shoto to her home.
Nthoiwa said upon arrival at Shoto’s place he remained in his car while Maxala and Shoto entered the yard before proceeding into the house.
Nthoiwa said while still waiting for Maxala, he found another man he did not know in the yard talking over his cellphone giving directions to some people to come to Shoto’s place.
The convict said thereafter within a very short period of time, a car with seven men came to Shoto’s place and parked behind Maxala's car.
The men, Nthoiwa explained, then alighted from their car, secured all the doors of Maxala's car and then pulled him out of the car.
Nthoiwa said that Mlaladzi who had now left the house then instructed the men to, out of the blue, assault him (Nthoiwa) describing him as one of them.
“The men assaulted me with a softball bat, metal rod and an empty bottle of beer. They severely beat me until I fell. The men then got inside the yard and then went to assault Shoto who is Tholego’s girlfriend...I then went home to take my gun. Still very scared, I returned to Shoto’s place this time armed with a gun to look for Maxala and I found him. I later took Shoto to the clinic before I went to a police post at the Kgotla to report that people I did not know had assaulted me,” said Nthoiwa.
He added: “Before going to the police, I waited for about 20 minutes at the clinic for medical attention but I later left without getting any assistance because the nurse on duty was taking forever to arrive at the clinic. The police at the Kgotla told us to arrest Mlaladzi and his friends if we can locate them and then take them to the nearest police station”.
Nthoiwa said that he then returned to Savemore where his friend Rodgers Gaogakwe bought him a six-pack of St Louis and told him to remain in the car and rest.
“Whilst still in the car, Mlaladzi called Tholego (Maxala) on his cellphone and I asked Tholego to give me the phone so that I could ask Mlaladzi why he and his friends assaulted me. Mlaladzi and I then agreed to meet at the bars in Satellite in Francistown to talk about the matter. While I arrived at the bars in Satellite, I did not find Mlaladzi as he had promised that we will meet there. I also bought alcohol at Satellite. I later called Mlaladzi on his phone and he told me that we should meet at Nzano Mall where I found him fuelling his car. He later went away without giving me audience. I followed him until he entered a certain yard in Somerset East,” said Nthoiwa.
Nthoiwa said that Mlaladzi and three of his friends alighted from their car holding a softball bat, metal rods and empty bottles of beer and started to assault him with these objects.
Nthoiwa said that during the assault, his shotgun was accidentally discharged while he was trying to dodge Mlaladzi from assaulting him.
Under cross-examination from Onneile Tselawa of the DPP, Nthoiwa maintained that the police instructed him and his friends to arrest Mlaladzi and his accomplices if they found them.
However, Tselawa put it to Nthoiwa that the record will reflect that one Sergeant Montshosi who Nthoiwa and company found at the Kgotla has distanced himself from ever instructing Nthoiwa and his friends to arrest Mlaladzi and his accomplices since the issue of arresting suspects is purely within the purview of the police.
Nthoiwa also pleaded with the court to find that his relative youthfulness also influenced him to commit the offence since was aged 33 at the time.
Before the case adjourned for lunch, Tselawa said that there were a lot of inconsistencies in Nthoiwa’s evidence in chief and his previous sworn testimonies.
Recently, Justice Matlhogonolo Phuthego found Nthoiwa guilty of murder: “According to the evidence of the accused, he used a firearm to kill the deceased. I find this not to be proportionate to the assault and insults he received from the deceased. It is my finding that provocation is also not available to the accused as self-defence. I make a conclusion that the state has proved the essential elements of murder beyond reasonable doubt and subsequently find the accused guilty of murder.”