Murder accused says he acted out of provocation

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Mashudu Netsianda, Senior Court Reporter
A BUSINESSMAN who allegedly fatally assaulted Bulawayo City Council Assistant Director of Engineering Services, Engineer Mbuthi Gugu Mkhwananzi after the two clashed at a girlfriend’s house, said he was shocked to discover that his girlfriend he was planning to marry, was cheating on him.

Spencer Sithole (34) of Hillside suburb in Bulawayo allegedly punched his rival suitor Mkhwananzi (47) and struck him using a dressing table stool on April 11 last year at the woman’s house in Four Winds suburb.

Mkhwananzi died a few days later at Mater Dei Hospital due to the injuries sustained following the attack.

In her evidence, the woman at the centre of the controversy, Ms Josephine Morrow (48), said when the incident occurred, she had already terminated her relationship with Sithole.

The accused however insisted that they were still in love.

Sithole who is being represented by Mr David Mhiribidi told the court that it was not his intention to kill his rival, arguing that he acted out of provocation when he found his girlfriend in bed with the now deceased.

He said he felt betrayed by his girlfriend and the deceased whom he claimed was his friend.

“I intended to marry Josephine despite the age difference of 13 years and when I found her in bed with another man, worse my friend, I got infuriated and acted in the heat of the moment and attacked him. I just wanted to punish him for having an affair with the woman that I wanted to marry,” said Sithole.

He said he fell in love with Ms Morrow in 2010 and the two had plans to marry. Sithole told the court that Ms Morrow was also his business partner and financial advisor whom he trusted so much.

Prosecuting, Mr Trust Muduma said on April 11 last year at around 7AM, Sithole went to Ms Morrow’s house in Four Winds suburb intending to collect his car keys.

On arrival he opened the front door using spare keys and found Mkhwananzi and Ms Morrow in bed.

“The deceased was with his girlfriend when the accused person stormed into the house and found them in bed. Sithole got angry and started assaulting Mkhwananzi with fists, dressing table stool, resulting in him sustaining three fractured ribs,” said Mr Muduma.

Mkhwananzi fled from the house bleeding profusely through the mouth and nose.

He was taken to Mater Dei Hospital where he died three days later as a result of multiple injuries sustained following the attack. According to a post mortem report, the cause of death was assault, multiple fractures and respiratory failure.

@mashnets

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