Insurance killer condemned to death
Innocent Selatlhwa | Tuesday May 28, 2024 06:00
Lobatse High Court's Justice Modiri Letsididi sentenced Thato Tsametse, who was at the committal of the offence 29 years old, to death last Thursday. According to Letsididi, Tsametse mercilessly murdered his helpless little cousin and deserves no lesser sentence. Justice Letsididi found no extenuating circumstances that could help Tsametse get a lesser sentence.
Considering all the evidence presented, the judge found Tsametse guilty of killing Ofentse, who was a Form 2 student staying with his aunt, Tsametse's mother. Ofentse's lifeless body was found in the vicinity of Mogoditshane Senior Secondary School in March 2018 after disappearing with no trace.
The murder Tsametse killed Ofentse to claim P50,000 from Botswana Life, where he had insured his little cousin with two Mmoloki Funeral Covers valued at P25,000 each. Following a police tip-off from Botswana Life, Tsametse would at the time, be arrested, questioned, let go, and rearrested seven days later, thanks to two Mogoditshane-based traditional healers.
The first healer to take the stand was Kamogelo Keitholetse, who is widely known as Rabeisane. Keitholetse’s colleague, Lemogang Rukuyo, also reiterated the former’s statement that Tsametse had told them he had killed someone. After the first few witnesses took the stand, it was time for Keitholetse, who was instrumental in the convict's capture.
Tsametse was arrested while in the care of Rabeisane and Rukuyo, who called the police on him as he was taking a bath. In his judgment, Justice Letsididi stated that Rabeisane's testimony was factual and uncontested, noting the failure of Attorney Nkosana Ngwenya, to fully challenge the evidence. He also highlighted that Rabeisane had a corroborating witness. "... Rabeisane testified in early 2018 that Tsametse approached him for cleansing after taking a human life. It was undisputed that Tsametse sought help to be cleansed for killing a person," Justice Letsididi remarked. Letsididi expressed admiration for Rabeisane's honesty and clarity during cross-examination. "He really impressed me as a witness who is honest and truthful. His testimony was lucid, clear enough, and he had a clear conscience of stating out the truth and also stood out during the cross-examination," he remarked.
"I now see the witness as an honest and true witness in this case." Justice Letsididi also commended fellow traditional healer, Rukuyo, as trustworthy and corroborative. No extenuating factors Passing the sentence, Justice Letsididi said though the defence had not filed extenuating circumstances, he looked at potential extenuation factors. “I considered whether youthfulness or immaturity could have played a role in negatively impacting the accused’s state of mind in doing what he did. “I In my opinion, the accused at the age of 29 at the time of committing the offence, cannot be said to be youthful or immature.
In fact, he was a middle-aged man and must be regarded as a mature person capable of thinking rationally,” he said. Justice Letsididi further stated that the fact that Tsametse was employed as a security guard and had left his mother’s home to stay on his own shows maturity and responsibility. The other factor, he said is the belief in the power of traditional doctors and traditional medicine. “It was mentioned that the accused sought the services of a traditional healer to be protected from the police and for them to divine who had killed his cousin.
My considered view is the belief in the power of traditional healers or traditional medicine cannot have had any bearing whatsoever on the accused's mind at the time he committed the crime. It was when he felt the pressure of police investigations that he turned to traditional healers for assistance. It cannot be used to reduce his moral blameworthiness," he said. He also said there was no evidence that his mind or mental faculties could have been affected by intoxicants at the time. Ruthless Justice Letsididi said even if he was wrong that the factors above are not extenuating, the aggravating factors far outweigh the extenuating factors. “Clearly this was a premeditated crime executed by the accused person for eight months commencing with the passing of the life cover over the life of the deceased.
He then waited for six months for the insurance cover to mature in six months. And then in two months, killed the deceased and submitted a claim to the insurance company,” he said. The judge said what is apparent is the enormity of what Tsametse did. “The deceased was a close relative of the accused and was mercilessly killed without regard and having done the accused no harm. I also find aggravating in the matter is the fact that he is the most excessively ruthless and callous manner, with the sole intention being to cash in from the insurance fund.
The excessiveness of the act is shown by four stab wounds in the neck. No circumstances have considered standards of the behaviour of ordinary persons of the class of community to which the accused belongs. I am unable to find any factor that can be considered as reducing moral blameworthiness of the accused’s action,” he said. Justice Letsididi concluded that there were no extenuating factors and passed the mandatory sentence for murder being death. Tsametse has six weeks to appeal the sentence at the Court of Appeal or the matter would automatically be placed before the Appeals court for consideration.