Walter Mswazie Masvingo Correspondent
High Court Judge, Justice Francis Bere, has sentenced to 30 years in prison, a college dropout from Chiredzi who snatched one of his uncle’s wives, sired a child with her before strangling the three-day-old baby to death to conceal his adulterous affair.

State counsel led by Takunda Chikwati had recommended a death or life imprisonment, given the gravity of the offence.

Phillip Tsumele, 36, of Chauke Village under Chief Chilonga, had an adulterous affair with his aunt, Matsivei Moyo, 48, whom he stayed with, resulting in Moyo falling pregnant.

Moyo later gave birth and gave the baby to Tsumele who strangled it to death, three days after its birth.

His polygamous uncle, Ananias Zindari, 83, who has 15 wives, lived at a distant village with his other wives, leaving Moyo at the mercy of Tsumele.

Justice Bere sitting with assessors Joseph Mushuku and Samuel Mutomba sentenced Tsumele to an effective 30 years in prison for murder with actual intent.

Tsumele pleaded with the court for lenience as he prayed while in the dock.

Passing sentence, Justice Bere said Tsumele had exhibited genuine remorse when he prayed in the dock pleading for forgiveness from both the court and God.

He said the court also accepted that the continued absence of Moyo’s husband, Zindari, could have led Tsumele into temptation resulting in him engaging in an adulterous relationship with his aunt.

“The accused should also be commended and rewarded for not wasting the court’s precious time when he pleaded guilty to the charge of murder. In all fairness, the accused deserves a second chance given that he exhibited remorse. The court also accepts that there was pressure from Moyo who told him that he was supposed to decide what he could do with the baby since she did not want her husband to know about their affair, let alone the baby’s existence,” said Justice Bere.

Justice Bere, however, said the court should always uphold and appreciate the sanctity of human life by delivering sentences that befit a premeditated murder.

“We would be failing in our mandate as the court to value the sanctity of human life if we do not give a deterrent sentence to the accused. Instinctively, the infant looked up to the mother and father for its security but the same people found it proper to eliminate it. The accused had the whole nine months to reflect on the best way to deal with his challenge but chose an easy and callous way of getting rid of the innocent soul. The sentence should reflect the court’s abhorrence on the taking of human life,” said Justice Bere.

Prosecuting, Takunda Chikwati said sometime in December 27, 2011, Tsumele was living with his aunt, Moyo, in Chauke Village under Chief Chilonga in Chikombedzi while he looked for employment.

“Zindari rarely visited Moyo and the children. Tsumele, taking full advantage of his uncle’s absence, engaged in an adulterous relationship with Moyo leading to the woman falling pregnant. On October, 27, 2012, Moyo went to Rutenga, where Tsumele was now working and gave birth,” said Chikwati.

The court heard that Moyo told Tsumele that he was supposed come up with a plan concerning the baby as she did not want her husband to find out her infidelity.

“On the third day, at night, Tsumele took the baby and went into the bush near Rutenga sewage pipeline where he buried the body in a shallow grave,” said Chikwati.

He said when Tsumele spent a long time without returning, Moyo followed and found him without the baby. The court heard that Tsumele confessed to having killed the baby by strangling it.

He told Moyo that he killed the baby out of fear of his uncle. On the following day, Moyo went home. Upon arrival in the village, villagers quickly noticed that she was no longer pregnant but did not have the baby.

A report was made to the village head Benjamin Chauke who summoned Moyo to his homestead.

After Moyo gave incoherent answers to what had transpired village head Chauke became suspicious and reported Moyo to the police leading to her arrest.

Moyo implicated Tsumele leading to his arrest.

The baby’s remains were exhumed but a postmortem could not be done due to the body’s advanced state of decomposition.

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