Death row inmate pins hopes on intoxication, immaturity
Innocent Selatlhwa | Tuesday November 21, 2023 06:00
Thindimba is said to have on December 11, 2016, murdered 52-year-old Ulrich Oehl by hacking him on the head with a bush pick. He also killed 52-year-old Gisela Heike by hacking her on the head with a bush pick and stabbing her with a knife in the neck.
On the third count, the accused person was found guilty of robbing the deceased persons of their properties which included two Nokia cell phones, two tablets, a Lenovo laptop, a red cooler box, rifle, cash, and a Land Cruiser vehicle amongst other items.
For this crime, he got a 10-year prison sentence. Thindimba, who admitted to the murders, argued that it was unintentional, claiming he only intended to rob the couple and recover what they owed him. In court, evidence revealed that on December 11, 2016, the accused walked from Motopi village to Dombo Farms, entered the deceased's kitchen through a window, snacked, and consumed alcoholic spirits. He then stole cash and a gun from the couple's office, took tools from a shack, and used them to access the bathroom.
Thindimba confessed that he turned on the lights before entering, waking the old man. He admitted to smashing the old man's head with a bush pick. Subsequently, he claimed to have also smashed the woman's head and stabbed her with a kitchen knife. Afterwards, he took the couple's vehicle but abandoned it when he couldn't drive any further.
Thindimba, loaded with cash, hiked to Maun, where he was arrested for questioning. In his judgment, Nthomiwa dismissed the assertion that drunkenness clouded Thindimba's judgement, stating there was no evidence of how much alcohol he consumed. Nthomiwa argued that Thindimba knew the couple was sleeping, indicating premeditation in his actions. In delivering the verdict, Justice Nthomiwa stated that there were no mitigating circumstances considering how the accused carried out the crime.
Nthomiwa clarified that the accused's confession statement and testimony confirmed his awareness of his actions. Nthomiwa dismissed the accused's defence that he held the weapons to enter the house, considering it an afterthought since he entered through an open window with the same tools, using them only to cause harm. "When the accused entered the farm, he was armed with weapons. Despite claiming they were for entering the house, he remained armed even in the kitchen, adding a kitchen knife to his weapons," Nthomiwa explained.
Furthermore, Nthomiwa argued that the accused's defence of intoxication from unfamiliar alcohol lacked sufficient support, relying solely on confession statements without corroborating evidence. Regarding the claim that the accused couldn't drive the stolen car, Nthomiwa countered, suggesting it might be due to the accused's lack of driving experience, particularly in rainy and muddy conditions. "It's evident that Thindimba, at 26 years old when committing the offence, cannot attribute his actions to his age," stated Nthomiwa.
Thindimba was back in court on Friday seeking condonation for appealing out of time. While his attorney Winnie Masita believes intoxication and immaturity are reasons enough for a lesser sentence, the State through Ditshotlo Mpale opposes the application. Masita told Court of Appeal’s Justice Isaac Lesetedi, who is presiding over the matter, that the lower court erred in disregarding the intoxication and immaturity of her client. “My client had consumed lots of alcohol while he was hungry and did not even know what he was doing when he committed the crimes. The court ought to have considered this point,” she said. On immaturity, Masita said at 26 years old, Thindimba exerted youthful exuberance by choosing to fight for what he was owed instead of following relevant steps. Mpale dismissed the claims by Masita. “He knew the victims very well, knew what he was doing and was able to narrate it all to court. So it is not a viable excuse that he did not know what he was doing. He also deliberately carried dangerous weapons because he had intentions,” he said. He further said that the fact that Thindimba consumed the alcohol while committing the crime could have been part of his plan.
On immaturity, Mpale said there was no way an immature person would carry such dangerous weapons and carry out such bizarre acts.