Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A BULAWAYO man who stoned a fellow imbiber to death six years ago following a misunderstanding during a drinking spree at a shebeen in Entumbane suburb has been sentenced to seven years in jail.
Mphathisi Sibanda (34) of Entumbane suburb, who was initially facing a murder charge, was convicted of culpable homicide by Bulawayo High Court judge Justice Thompson Mabhikwa in connection with the death of Mkhulunyelwa Ngwenya (40) in July 2013.
Sibanda will serve an effective four years in jail after three years were suspended for five years on condition that he does not within that period commit a similar offence.
In passing the sentence, Justice Mabhikwa said the courts frown upon loss of life.
“You negligently caused the death of the deceased and the court notes that you were intoxicated thereby impairing your sense of judgment. However, the courts frown upon loss of life, which is sacred. No matter how evil a person might be, their life is sacrosanct and nothing justifies loss of life,” he said.
“The court will tamper justice with mercy by passing a rehabilitative sentence so that the accused person is able to pick up pieces after jail.”
Prosecuting, Mr Trust Muduma said on July 26 in 2013 at around 12 midnight, Ngwenya was drinking beer with his friend Mr Nhlonipho Mhlanga at a shebeen in Entumbane together with Sibanda.
The owner of the shebeen, Ms Erica Sigauke then ordered Ngwenya and Mr Mhlanga to leave her house. Sibanda remained drinking.
“As soon as they were outside the yard, the deceased and Mhlanga started throwing stones at the house in protest,” said Mr Muduma.
Sibanda got angry and stormed out of the house and charged at the two men.
The court heard that Sibanda caught up with Ngwenya and struck him on the head with a brick and he fell down before he indiscriminately kicked him all over the body until he lost consciousness.
Ngwenya sustained serious injuries. Soon after committing the offence, Sibanda fled from the scene.
Ngwenya was assisted by the shebeen owner who took him to Mpilo Central Hospital. He was later referred to Parirenyatwa Group of Hospitals in Harare for a surgical operation where he died a week later.
A report was made to the police leading to Sibanda’s arrest.
In his defence through his lawyer Ms Marylin Mutshina of Hara and Partners Law Firm, Sibanda said he only engaged in a fight with the deceased after he and his friend tried to search his pockets while he was drinking beer at the shebeen.
“We had a misunderstanding with the deceased and Mhlanga after I caught them searching my pockets during which the owner of the shebeen threw us out of the house. As I was on my way out, the deceased and Mhlanga threw stones at me resulting in a fight,” he said.
He said during the scuffle, Mr Mhlanga accidentally struck the deceased with a stone.
“I did not use any weapon to attack the deceased during the fight. In fact, it is the deceased and his friend who were throwing stones at me and in the process, Mhlanga accidentally struck the deceased,” argued Sibanda. — @mashnets.
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