Court returns two special verdicts

two people who stood charged with the crime of murder.

 

Appearing separately, Limukani Ncube (36), of no fixed abode, and Siphethangani Ndebele (31), of Lungombe Village in Tsholotsho District, pleaded not guilty to murder.

Justice Ndou sitting with Messrs Elliot Nyoni and Jongilizwe Sobantu as assessors found them not guilty of murder due to insanity.

The State case against Ncube was that on 21 June last year, at about 2pm, he arrived at the Bulawayo Golf Club where his late brother’s wife runs a kitchen.

He asked for a plate of isitshwala and was told to wait as the pot was still on the fire.

He was not happy with this and demanded that he be served immediately.

A misunderstanding ensued and when his late brother’s wife realised that he was angry, she moved away from the fire.

The late Phillip Ngwenya arrived at that moment and reprimanded Ncube and asked him to leave.

Ngwenya bent down to tie his shoe laces and Ncube picked up an iron bar which was being used to support pots, and struck Ngwenya once on the head.

Ngwenya fell down and lay prostrate on his right side and Ncube struck him several times on the head and part of the head was reduced to pulp.

He died on the spot.

On realising that he had died, Ncube went to a nearby tape and washed off blood from his hands, face, arms and feet.

According to the post-mortem report, the cause of death was severe brain damage and multiple skull fractures as a result of the assault.

Ms Angeline Munyeriwa of the Attorney General’s Office prose-cuted while Ms Jacqueline Misaba represented Ncube pro deo.

On Christmas Day in 2010, Ndebele and his uncle’s wife Philidah Ndlovu were drinking beer at separate places.

At 9pm, they met at Mr Bornwell Ndlovu’s homestead where they continued with their drinking binge.

The following day at about 5am, Ndlovu was heard screaming for help and when a member of the family went to investigate and he found Ndebele sitting on the deceased’s chest and holding a log.

Ndebele chased the relative away.

He later went and told Simomo Jiyane that he had killed Ndlovu and Jiyane went to the homestead and found Ndlovu naked and bleeding.

She was taken to hospital in a scotch cart but died on the way and according to the post-mortem report, the cause of death was a depressed skull due to head injuries.

Mr Simbarashe Timothy Makoni, of the Attorney General’s Office prosecuted while Miss Cynthia Nunu, of Calderwood Bryce and Hendrie Legal Practitioners defended Ndebele pro deo.

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