Man jailed 15 years for strangling rape accuser

Mashudu Netsianda, Senior Court Reporter
A GWANDA man who confessed to killing his 50-year-old neighbour by strangulation in November 2013 for “falsely” accusing him of raping her daughter was last week sentenced to 15 years in jail.

Kelboy Moyo (39) of Mutandawenhema village was convicted of murder with constructive intent by Bulawayo High Court judge Justice Nokuthula Moyo in connection with the death of Ms Lasi Nyathi.

Moyo, in his warned and cautioned statement, confessed that he murdered Ms Nyathi.

He also confirmed that he was not influenced to give the statement he made to the police at the time of his arrest.

However, when he took to the witness stand, Moyo backtracked from his statement, alleging that he was tortured by investigating police officers into signing the document. In passing the sentence, Justice Moyo condemned Moyo’s conduct, saying he deserved a lengthy prison term.

“The accused person killed the deceased in the most abominable and cruel manner. She must have died a painful death when her breath was cut in a ruthless and callous manner,” she said.

Justice Moyo said the courts have a duty to protect the sanctity of human life.

“These courts frown upon death through violent means. Life is sacred and it should be protected and those who cause the death of others should face the full wrath of the law and deserve stiff sentences,” ruled the judge.

Prosecuting, Mr Trust Muduma said on November 20, 2013, Nyathi left her homestead at Mutandawenhema village and proceeded to neighbouring Betsa village.

The court heard that along the way, Ms Nyathi met Moyo in a bushy area and he confronted her.

“Upon realising that she was in danger, the deceased tried to run away but the accused person caught up with her.

The two wrestled and Moyo managed to overpower the deceased,” said Mr Muduma.

Moyo pushed the deceased to the ground and removed her sports shoes laces and used them to strangle her to death. Soon after committing the offence, Moyo hid the body in the bush at the foot of a mountain.

He tied the body to a tree branch to create an impression that the deceased committed suicide.

Ms Nyathi’s body was discovered three days later following a search by villagers.

On December 18 during the same year, police received a tip off in which Moyo was being implicated in the murder, leading to his arrest.

In his warned and cautioned statement Moyo said: “We struggled and finally she fell to the ground and I sat on top of her. I removed her tennis shoe laces and tied them together and strangled her until she became weak.”

He said he loosened his grip and realised that the woman had lost consciousness and tried to resuscitate her to no avail. “That is when I realised she was dead and I removed her corpse from the path and hid it at the foot of the mountain. I laid her down and tied the laces on a small branch to fake death by hanging. I placed one stone next to her head and the other by her body and went home,” said Moyo.

In mitigation through his lawyer Ms Thando Mazibisa Dube of Ndove and Associates, pleaded for lenience, saying he is of ill-health. — @mashnets

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