adminMashudu Netsianda Senior Court Reporter
A BULAWAYO man who slapped his cousin resulting in him falling on his head and sustaining injuries which led to his death, has been ordered to perform 525 hours of community service.
High Court judge, Justice Nokuthula Moyo convicted Lovemore Makombe, 34, of Mahatshula suburb of a lesser charge of culpable homicide after concurring with both state and defence counsels that there were no aggravating circumstances and the death of Fungai Mashera was purely accidental.
Makombe, who was initially charged with murder, pleaded not guilty to the charge and tendered a limited plea of guilty to culpable homicide.
He was sentenced to three years in jail of which 18 months were suspended for five years on condition that he does not within that period commit a similar crime. The remaining 18 months were suspended on condition that he performs 525 hours of community service at Mahatshula Primary School.
In her judgment, Justice Moyo noted that Mashera was the aggressor and Makombe retaliated by slapping him in the face.
“It’s a very sad state of affairs and therefore it’s the court’s view that Mashera’s death was purely accidental. No man can expect a person to die from a slap,” said Justice Moyo.
In passing sentence, the judge noted that Makombe was remorseful after his actions.
“Makombe’s conduct after the incident shows contrition as he made an effort to assist his cousin by taking him to hospital and clearly the death of his cousin will certainly haunt him for the rest of his life. However, we don’t condone Makombe’s actions as life was unnecessarily lost because of his negligence and recklessness,” ruled Justice Moyo.
Prosecuting, Nokuthaba Ngwenya said on November, 6, 2014, Makombe was walking home along Harare road in the company of Mashera and his brother Foreman Feremba after a night of partying at Gijima Nite Club.
Ngwenya said the two cousins started quarrelling over the issue of their failure to get transport home.
Makombe slapped Mashera once with an open palm in his face resulting in him falling to the ground and hitting the back of his head on the road.
The court heard that the cousins proceeded home in peace but Mashera started complaining of a headache.
“On the following day Makombe went to the local shop to buy headache pills for his cousin. However, Mashera’s condition worsened and he was rushed to the United Bulawayo Hospitals (UBH) where he was treated and discharged,” said Ngwenya.
However, at around midnight Mashera’s condition further deteriorated and he was again taken to UBH where he was admitted. He later succumbed to his injuries.
According to the post-mortem report conducted at UBH by Dr Sengesayi Pesanai, Mashera died of intracranial haemorrhage and skull fracture.
Makombe through his lawyer Nozabelo Ndlovu pleaded for leniency, saying he was a sole breadwinner looking after his minor child.
Online Reporter