15 years for murder
Peter Matika, [email protected]
A 21-year-old man who stabbed a fellow imbiber during a drinking spree in Hope Fountain on the outskirts of Bulawayo in 2021 has been sentenced to an effective 15 years in prison.
Bulawayo High Court judge, Justice Naison Chivayo, yesterday pronounced the sentence on Brandon Kenny Moyo, after finding him guilty of murder with intent.
In passing judgement, Justice Chivayo said the court considered that he was a first-time offender but he ended the life of a young man, who was expediting his life.
“The circumstances drive the notion of the sentence. Therefore, you are found guilty and deserve to be removed from society,” he said.
According to the State outline as presented by Mr Kudakwashe Jaravaza, on September 26, 2021 around 1AM and at Family Needs Bottle Store, Hope Fountain, Umguza District in Matabeleland North province, Moyo, who was 19 at the time he committed the crime, stabbed Fidel Ndlovu with an okapi knife once on the left side of the chest, following a misunderstanding.
Ndlovu was aged 23 at the time of his death.
“On the 25th of September 2021 between 1AM and 1.20AM, the accused person and the now deceased were drinking beer at Family Needs Bottle Store.
“The accused was with his friend Freddy Ndlovu. The accused person and the now deceased had a misunderstanding. Freddy Ndlovu tried to intervene but the now deceased ordered him to leave,” the court heard.
“The accused person drew an Okapi knife from his trousers and stabbed the now deceased once on the left side of the chest and he fell to the ground in full view of Freddy Ndlovu,” said Mr Jaravaza.
He s aid Moyo disposed of the weapon in a maize field, which was about 50 metres from the crime scene.
Mr Jaravaza said Moyo conspicuously tried to cover his crime by claiming that Ndlovu had been stabbed by one Mlamuli Mkandla who witnessed the crime as he was standing close to them.
“Mkandla was apprehended by patrons. On the 25th of September 2021 at around 01.50AM Stanford Nkomazana, the owner of Family Needs Shop and Bottle Store heard some noise from his bottle store and saw the deceased lying on the ground showing no signs of life and he reported to Zimbabwe Republic Police Hillside,” said Mr Jaravaza.
However, Mr Jaravaza said investigations by police revealed that Mkandla was innocent, after cross-examining witnesses.
Mr Jaravaza said witnesses said the two were engaged in a heated misunderstanding before engaging in a scuffle.
“As they were drinking, a misunderstanding arose between them. Witnesses saw the accused holding an okapi knife, which he used to stab the now deceased once on the left side of the chest. The now deceased fell to the ground bleeding,” he said.
“Soon after the accused stabbed the now deceased, he tried to coerce the witness not to tell people,” Mr Jaravaza told the court.
He said in the heat of the moment, Moyo rushed to fetch water at one Stanford Mvundla’s homestead and poured it on the now deceased who was unresponsive.
Mr Jaravaza said a number of witnesses related the same story and the court found him guilty beyond reasonable doubt.
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