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Patrick Chitumba, Midlands Bureau Chief
BULAWAYO High Court judge Justice Martin Makonese has sentenced to 10 years each two dangerous criminals who killed their cellmate in cold blood at Whawha Medium Prison in Gweru after he refused to join their plot to break out of prison.

Wellington Gadzira (46) and Moses Pedzisai Mahuvava (38) were convicted of culpable homicide after a full trial  before Justice Makonese on Wednesday.

The duo together with their accomplice Johannes Nyasha Masiiwa (32) allegedly murdered Abel Maphosa (then 56) who was one of the convicts who murdered Moses Chokuda of Gokwe together with the son of the Minister of State for Midlands Province, Cde Jason Machaya, Farai, in 2009.

Gadzira and Mahuvava pleaded guilty to a lesser charge of culpable homicide through their pro-deo lawyers Mr Nomore Hlabano and Mr Tatenda Manika.
Masiiwa did not attend court as he is undergoing psychiatric examination at Mlondolozi Mental Health Prison in Bulawayo and his matter has been postponed indefinitely.

Justice Makonese said the State had failed to prove actual or constructive intent on the part of Gadzira and Mahuvava to murder Maphosa.

He said the State had relied on evidence from the prison officers who only attended the scene after the murder and as such Gadzira and Mahuvava were only guilty to culpable homicide.

“It is common cause that the accused planned with Masiiwa to break from the prison and the deceased was murdered for refusing to go along with the plan.

However, the accused persons are putting the blame on Masiiwa who is in a mental institution and there is no evidence to the contrary. The accused are sentenced to 10 years in prison each,” said Justice Makonese.

Maphosa, Farai together with brothers Edmore and Bothwel Gana, were each jailed for 18 years by Bulawayo High Court judge Justice Nicholas Mathonsi in 2011 for murdering Chokuda.

Chokuda — whose body spent close to two years allegedly dripping blood in a mortuary at Gokwe District Hospital — was only buried after his relatives received 20 head of cattle and $15 000 cash as compensation from Cde Machaya.

Prosecutor Mr Samuel Pedzisai said Gadzira, Mahuvava and Masiiwa shared prison cell number 19 at WhaWha Medium Prison in November 2011 with Maphosa.

Mr Pedzisai said on November 23 that year while Maphosa was attending court at Gweru Magistrates’ Court for a matter not mentioned in court on Wednesday, Gadzira, Mahuvava and Masiiwa planned a prison break.

“They took a piece of wire which was used to secure a cell light, sharpened it and used it to cut a hole at the bottom of the locked wooden cell door. When the deceased returned from court, the accused persons asked him to be part of their plan to escape from the prison. The deceased refused to join them,” he said.

Mr Pedzisai said Gadzira, Mahuvava and Masiiwa hatched a plan to kill Maphosa.

“The accused persons then bashed the deceased’s head against the wall and kicked him below the chin. They tore a blanket into strips and used the strips to tie the deceased hands and legs. They stuffed a towel in the deceased’s mouth,” he said.

Mr Pedzisai said the trio escaped from their prison cell during a power outage.

“Before they could escape from the prison, electricity was restored and they returned to their cell in fear of getting caught. The deceased’s body was discovered by prison officers during the morning roll call,” he said.

Gadzira is an inmate at Chikurubi Maximum Prison where he is on death row after he was convicted of poisoning Bulawayo miners, Mr William Porvey and Mr Michael Sunerland, with cyanide before gruesomely stoning them to death near Kwekwe.

Mahuvava is serving a 30-year jail sentence for unlawful entry and theft and Masiiwa is one of the two self-proclaimed Gweru prophets who were arrested for allegedly axing to death a Mkoba Village 2 woman and fellow church member, Mrs Patience Mpofu during a prayer session at her home.

Masiiwa was admitted as a psychiatric patient at Mlondolozi Mental Health Prison after the murder of Maphosa.

— @pchitumba1