Zimpapers Logo

Mashudu Netsianda, Senior Court Reporter
A GWERU man who was last year sentenced to death by hanging for petrol bombing and killing his estranged girlfriend and her cousin has approached the Supreme Court challenging his sentence.

Garikai Zvawanda Tabarinda (44) of Old Ascot suburb was convicted of murder with actual intent by High Court judge Justice Nicholas Mathonsi. He was sentenced to death for causing the death of his ex-girlfriend, Nancy Sibanda, and her cousin, Cynthia Hlabangana.

Tabarinda’s co-accused, Itai Manyoka, who was hired by the former when he committed the heinous crime, was found guilty of being an accessory to murder and slapped with a 15-year jail term.

Justice Mathonsi said although Manyoka, as an accomplice, did not have an actual hand in the killings, he had chosen to associate himself with Tabarinda’s criminal enterprises after the latter had committed the offence.

Tabarinda, through his lawyer Chitere Chidawanyika and Partners, filed an appeal against sentence at the Supreme Court citing the State as the respondent.

In his grounds of appeal, Tabarinda said Justice Mathonsi misdirected himself when he failed to consider and give due weight to mitigatory factors, arguing that they weighed against the aggravating ones.

Tabarinda said there was evidence on record that he was intoxicated before and during the commission of the offence.

“The court cannot overlook the role of alcohol consumption in this regard and it affected the appellant’s mental faculties. The court a quo was therefore duty bound to weigh these with other aggravating factors to arrive at an appropriate sentence,” said Tabarinda’s lawyers.

“The appellant was highly emotional and disturbed and there was no premeditation. In light of these factors of alcohol consumption, emotional turmoil and hurt coupled with jealousy which resulted in the loss of temper, outweigh aggravating factors and serve to mitigate his moral turpitude warranting the imposition of a sentence other than death sentence.”

He wants an order substituting the death sentence with life imprisonment.

The State, which was represented by Chief Public Prosecutor Ms Nonhlanhla Ndlovu, opposed the application, arguing that the aggravatory circumstances far outweigh the mitigatory factors.

“What remains as a fact is that appellant’s desire was the death of the two people in the room in an inferno he had started. From the foregoing, it is humbly submitted that the aggravatory circumstances in this case far outweigh mitigatory ones,” said Ms Ndlovu.

She said the lower court properly exercised its sentencing discretion in imposing the death sentence.

“This is a case where the sentence of death meets the justice of the case. There was no misdirection and the respondent prays that the appeal against sentence be dismissed,” said Ms Ndlovu.

Deputy Chief Justice Elizabeth Gwaunza sitting with Justices Bharat Patel and Martin Makonese during a Supreme Court on circuit in Bulawayo postponed the matter to today for ruling.

The State’s case was that on December 2 in 2016 at around 2AM, Tabarinda hired Manyoka’s taxi and the two went to a service station, where the former bought nine litres of petrol.

They proceeded to a house in Old Ascot where Tabarinda broke the window of the room where Hlabangana and Sibanda were sleeping.

He poured the fuel into the room before setting it on fire and rushing to the car, where Manyoka was parked and they drove away.

Sibanda and Hlabangana were rescued from the inferno and rushed to Gweru General Hospital, from where they were later referred to Parirenyatwa Hospital in Harare and both died two days later.

According to a medical report, Hlabangana died from 55 percent level burns while Sibanda succumbed to 60 percent level burns.

@mashnets