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Mashudu Netsianda Senior Court Reporter
THE man who fatally struck his elder brother with a hoe and shouted “minus one”, was yesterday sentenced to 21 years in jail. Bulawayo High Court judge Andrew Mutema convicted Tongoona Muchairi, 35, of murder with constructive intent but concluded that there were extenuating circumstances. Muchairi struck his elder sibling Eddington, 40, three times with a hoe on the head and he sustained a skull fracture and was rushed to Mpilo Central Hospital where he died two days later.

Post-mortem results revealed that Eddington died as a result of brain haemorrhage, skull fractures and head injuries.

In April, the Sunday News quoted Muchairi’s relative alleging that the two brothers had a long standing dispute over the ownership of their late parents’ home, but in court that was not mentioned.

Muchairi escaped capital punishment after Justice Mutema took into account that there was a factor of intoxication and provocation.

In her judgment, Justice Mutema dismissed Tongoona’s testimony that it was not his intention to kill his brother.

“The number of blows and the degree of force applied by Tongoona shows the determination to kill. He targeted the head, which is a vulnerable part of the body and again his sentiment ‘minus one’ is also a clear indication of his intention to kill,” said Justice Mutema.

In sentencing Tongoona, Justice Mutema said it was the duty of the courts to uphold the sanctity of human life by passing harsh sentences.

“In arriving at the sentence, the court took into consideration that Tongoona had taken alcohol and that there was some form of provocation. However, a life was lost and the courts frown at the unnecessary loss of human life in such circumstances,” he said.

The judge expressed concern over the prevalence of murder cases in the country and called for deterrent sentences.

“The courts are greatly concerned with the prevalence of murder in this country. The assumption is that as society becomes more civilised, its behaviour should also reflect on that civilisation. The words that you uttered after the act also reflect lack of remorse and as such you should be removed from society for a lengthy period and surely you have yourself to blame as you are sentenced to 21 years in prison,” said Justice Mutema.

Prosecuting, Nokuthaba Ngwenya said on April, 4, last year shortly after 7PM in Entumbane suburb, the two brothers had an altercation at their family house in Entumbane.

The altercation resulted in Tongoona picking a hoe and striking Eddington on the head.

“Tongoona picked the hoe again and pursued Eddington and struck him on the head and he fell down and he continued hitting him three times as he lay unconscious on the ground,” said Ngwenya.

Tongoona fled the scene and left his brother lying in a pool of blood. The court heard that Tongoona shouted “minus one” soon after committing the alleged crime.

Eddington was ferried by a neighbour’s kombi to hospital where he was admitted into Intensive Care Unit and died two days later.

In mitigation through his lawyer, Takunda Make of Ndove, Museta and Partners, Tongoona pleaded for leniency, telling the court that he was a first offender and a divorced father taking care of two minor children.