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Mashudu Netsianda in Hwange
A MAN from Binga who unleashed a deadly blow on his step brother, crushing his private parts after the latter accused him of having an extra-marital affair with his wife, has been fined $300.
Mika Nyoni (49) of Lusulu village was convicted of a lesser charge of culpable homicide by Bulawayo High Court judge, Justice Francis Bere, who is on circuit in Hwange, in connection with the death of Clemence Dube who was aged 48 when the incident occurred in July.
Nyoni was given a wholly suspended five-months prison term on condition that he does not within the next five years commit a similar offence. He was given up to December 30 this year to pay the fine, failure of which he would be jailed for three months.
Justice Bere condemned Nyoni’s conduct and ordered him to take care of his late step brother’s children and wife.
“At 49 where do you get the energy to engage in a fight? Your brother’s children will always remember that you killed their father. You should therefore try as much as you can to look after your children because you have deprived them of their father,” said the judge.
In passing sentence, Justice Bere took into account that the deceased was the aggressor. He also considered the fact that both the accused and deceased were drunk during the fight.
“The assault that killed the deceased was a single blow aimed at the groin. In aggravation, a life was needlessly lost and a clear message must be sent out there that people should not resort to violence to resolve disputes.
“From now on you will be an ambassador in your area to preach against violence and anyone from your village who fights will have failed the courts,” said the judge.
Prosecuting, Ms Namatirai Ngwasha said on July 2 this year shortly after 4PM, Nyoni and Dube were drinking beer at a local homestead when a misunderstanding arose.
She said Dube accused his Nyoni of having an extra-marital affair with his wife, Ms Leona Makumbe.
“The dispute degenerated into a fight during which Nyoni kicked Dube on the groin and injured his private parts,” said Ms Ngwasha.
She said the deceased was rushed to a local clinic the following day and died two days later due to severe injuries sustained on his private parts.
Nyoni, through his lawyer, Mr Givemore Muvhiringi of Dube and Company, said he acted in self-defence after the deceased provoked him.
In mitigation, Nyoni pleaded for leniency, saying he was a married man looking after his 10 children.— @mashnets
Online Reporter