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Mashudu Netsianda Senior Court Reporter
A MAN from Plumtree who was accused of storming his 65-year-old grandmother’s hut and axing her to death before torching the woman’s grass thatched hut, has been acquitted. Cabangani Moyo (30) of Madlambuzi village was alleged to have struck Hami Moyo with an axe before setting her hut ablaze in 2004. Cabangani, who was aged 18 at the time of the alleged crime, allegedly accused his grandmother of bewitching him.

He appeared before Bulawayo High Court judge Justice Martin Makonese facing a murder charge. Justice Makonese, in his judgment, said the state failed to prove its case beyond reasonable doubt. The judge also queried why police did not investigate Ashed Moyo, Cabangani’s uncle, who was implicated in the murder.

He said although Cabangani’s testimony was fraught with inconsistencies, he was entitled to the benefit of the doubt. “This matter is based on circumstantial evidence and it is the court’s view that the state has not discharged the onus of proving the guilt of the accused beyond reasonable doubt.

“Accused may have not been an honest witness in some aspects of his testimony, but that does not lead to conviction. In the result the accused is found not guilty and acquitted,” ruled Justice Makonese.

The state represented by Miss Nokuthaba Ngwenya was alleging that on September 17, 2004, shortly after 6PM, Cabangani armed himself with an axe and proceeded to the late Mr Kwebe Moyo’s homestead in Madlambuzi village. On arrival, he allegedly stormed into the kitchen hut where he found Hami warming herself by the fire.

Cabangani, the state was alleging, struck his grandmother with the axe several times before taking a smouldering log from the fire. He allegedly torched the hut and fled from the scene, leaving the deceased’s body burning.

Mr Kwebe, who was the deceased’s husband, but is now late, rushed to the scene and managed to retrieve the body from the burning hut before he screamed for help, the state was alleging. The following morning a report was made to the police leading to Cabangani’s arrest.

Cabangani, through his lawyer Mr Gary Sengweni, denied committing the crime. He accused Ashed of committing the crime, arguing that he had a long standing dispute with Hami whom he accused of witchcraft.

Cabangani alleged that he was tortured by police who later forced him to make indications.