Woman convicted for killing couple in arson attack
High Court judge Claudia Claasen on Monday convicted Mecthilde Karomo (33) of two counts of murder and one count of arson after finding that she deliberately set fire to a shack while her ex-boyfriend and his girlfriend were inside.
The victims, Leonard Haupindi Kadubuli and Anastasia Ihemba Matende, died in December 2022 when a fire engulfed a shack in Windhoek’s Okahandja Park informal settlement.
Karomo was, however, found not guilty on an alternative charge of malicious damage to property.
The 24-page judgement reads that the court relied in on section 209 of the Criminal Procedure Act 51 of 1977, which allows a conviction based on a confession if it is confirmed in material respects or supported by other evidence.
The court found that Karomo’s confession was corroborated by witness testimony, which aligned on key aspects, including a prior altercation and threats made by Karomo to burn the shack.
Witnesses testified that Karomo had indicated that her ex-boyfriend would not sleep in the shack with another woman and threatened to set it alight.
The court found that these threats were later carried out, with the shack burning down the same night and the couple dying as a result.
Intention and state of mind
Judge Claasen found that Karomo acted out of jealousy and anger, which drove her decision to set the shack on fire.
“A person may not ‘mean’ to kill, but can still be guilty of murder if the person foresaw the possibility of death and reconciled himself or herself with it. By setting fire to a shack at night, knowing that her boyfriend and his new girlfriend were inside or likely to be inside, a reasonable trier of fact can infer that Ms Karomo subjectively foresaw the possibility that they could be trapped, suffocate, or burn to death.
The judge adds: "As for the second component of dolus eventualis, it is clear from her own words, in the confession, that she displayed a careless attitude after setting the place alight. She went home and nonchalantly listened to music on her earphones, thus she reconciled herself to that risk".
The court ultimately rejected Karomo’s denial as false beyond reasonable doubt and found that the State had proven all the elements required for convictions on both murder counts and the arson charge. Her bail was withdrawn and she will be remanded in custody.
The matter will return to court 27-28 April for pre-sentencing proceedings.
