Mashudu Netsianda, Senior Court Reporter
THE trial of Bulawayo businessman Oricious Moyo who allegedly shot his lover’s husband kicked off at the High Court yesterday with the accused person denying allegations of engaging in an extra marital affair with the deceased’s wife.
Moyo (41) of Emganwini suburb was initially charged with attempted murder until his victim Tawanda “MaPecca” Moyo (43), a former member of Siyaya Arts Group, later succumbed to the injuries.
He appeared before Bulawayo High Court judge Justice Martin Makonese facing a murder charge in connection with the death of “MaPecca.”
Moyo, who is out on $2 000 bail, was remanded to February 19 for judgment.
He claimed the deceased and his accomplices cooked up the charges as a way of trying to cover up for their attempted robbery.
The prosecutor Mr Kudakwashe Jaravaza said on July 25 at around 9PM, Moyo parked his motor vehicle at his residence waiting for the gate to be opened.
He was in the company of Jacqueline Moyo, with whom he was allegedly having an extra-marital affair.
Jacqueline was also an employee at Fish and Chicken City owned by Moyo and was the deceased’s estranged wife.
“While still parked at the gate, the now deceased Tawanda Moyo confronted the pair and inquired about their relationship.”
The court heard that at that moment Moyo started his car in an attempt to flee but Tawanda clung to the front passenger’s door.
“This resulted in Moyo producing a pistol and shooting Tawanda once on the right side of ribcage and he fell down,” said Mr Jaravaza.
The court heard that Moyo later reported the incident to the police accusing Tawanda of trying to rob him. Police attended the scene and summoned an ambulance which took Tawanda to hospital.
On August 28, an operation was conducted on Tawanda who still had a bullet lodged in his body near the spinal cord. However, after the operation, Tawanda’s condition deteriorated and he was transferred to the Intensive Care Unit where he died the following day.
Tawanda’s post mortem report shows that he died due to septic shock, septic laceration, gunshot wounds and assault.
Moyo, through his lawyer Mr Robert Ndlovu of R Ndlovu and Company, is counter-accusing Tawanda and his two friends Steward Nyathi and Leeroy Malunga of attempting to rob him, resulting in the shooting incident.
“I arrived home from a prayer meeting and parked my car in the front gate and as a security measure I called my maid to open the gate for me. However, while waiting for the gate to be opened, Nyathi and Malunga attempted to open the door of my car on the driver’s side, but they failed because I had locked it,” he said.
Sensing danger, Moyo said he pulled out his pistol, which was tucked in between his thighs and cocked it.
“At that moment my attention shifted towards the deceased who opened the front passenger door, which was not locked. demanded money and when I realised that I was on the verge of being attacked and robbed, I accelerated the car and turned right with the deceased clinging on the door of the moving car,” he said.
Moyo said it was not his intention to kill Tawanda, arguing that he acted in self defence. He said the deceased and his accomplices wanted to harm and rob him of his money and other valuables.
“Tawanda tried to reach for the pistol in a bid to disarm me and I then pulled a trigger and the deceased got shot on the lower part of the body and fell to the ground. I then proceeded to Nkulumane Police Station and reported the matter.”
Moyo also denied that he was having an affair with Jacqueline and argued that she was only his employee. He said the deceased and his accomplices fabricated the story to cover up their offence and therefore seeks an acquittal. — @mashnets