WINDHOEK – Natangwe Ipinge Ngatjizeko (40) who claimed he killed his mother because she had ‘bewitched’ him and could read his thoughts, wants to appeal his 40-year jail sentence.
During a bail hearing on Monday before Judge Nate Ndauendapo who found Ngatjizeko guilty of murder with direct intent, but acquitted him of robbery – and instead convicted him of the theft of N$20 he took from his mother after killing her. He informed the court that he applied for legal aid to help in his appeal, but has so far not heard anything from them except for a letter acknowledging his application. Judge Ndauendapo removed the matter from the roll for the time being informing Ngatjizeko that as soon as he has legal representation the matter can be put back on the roll. Ngatjizeko, who lodged the appeal on his own, while waiting on the Directorate of Legal Aid claims in the papers he filed that the judge erred when he admitted the confession that ultimately led to his conviction. According to Ngatjizeko the confession should never has been admitted as evidence since he (Ngatjizeko) was not in his sober mind and senses when the confession was taken down. Judge Ndauendapo admitted the confession that Ngatjizeko made to Inspector Barry de Klerk after a prolonged trial-within-a-trial.
According to Ngatjizeko, he was also not informed of his right to legal aid at the time of the confession and wants his conviction set aside on those grounds. Ngatjizeko further submitted that the sentence the judge imposed was so severe that it induces a sense of shock. According to him the judge erred when he found that he (Ngatjizeko) did not show any remorse during his trial. Ngatjizeko says the psychiatric report of Dr Ruben Japhet clearly indicated that he felt remorse over his actions. In his judgment delivered in May last year, Judge Ndauendapo found that Ngatjizeko acted with diminished criminal responsibility, because of the psychological reports that he was heavily under the influence of drugs and alcohol during the killing and that it was a mitigating factor. The Judge however found that the murder was premeditated and that during the 6 1/2 years he spent in custody Ngatjizeko showed no remorse and while he is a first offender the lack of remorse was an aggravating factor. During the trial Ngatjizeko was represented by Jan Wessels and the State by Advocate Constance Moyo.
By Roland Routh