adminThandeka Moyo Court Reporter
A BULAWAYO man who tried to commit suicide in court last week will spend the next 19 years in jail after he was convicted of rape and robbery. Prince Banda, 24, accused senior regional magistrate Mark Dzira of bias and banged his head against iron bars in the dock during cross examination last week. He kept shouting that he would hit his head against the bars until he died.
Banda had pleaded guilty to five counts of robbery but denied raping a Bulawayo woman during the course of the robberies.
Magistrate Dzira yesterday said it was clear the four robberies and one rape offence were committed in common purpose between Banda and his two friends who are still at large, meaning he was liable for all of them.
“Evidence given before this court shows there was common purpose in carrying out these crimes. Banda may not be the one who actually raped the woman but he becomes liable to all the offences because he was the ring leader,” said Dzira.
“The complainant told the court that Banda guarded her boyfriend while his friends took her into the bush to rape her, so you did it in unison. You’re therefore sentenced to 16 years imprisonment for rape of which four years will be suspended on condition of good behaviour.”
Magistrate Dzira said he would treat count two and three, both for robbery, as one for purposes of sentencing and gave him three years.
“For count four you will spend three years in prison. You’re also sentenced to three years imprisonment for count five, of which two years are suspended from the total robbery sentences. Therefore you will serve 19 years effectively.”
Last Thursday, Banda gave prison officers a torrid time after losing it during cross examination by prosecutor Tinashe Dzipe.
He went on to accuse Dzira of discrimination saying: “I don’t care what happens, I won’t answer that question, just sentence me.
“This court isn’t fair, I just want to die”.
In response, Dzira told him: “I don’t see where your anger is emanating from, you must just respond to the question you were asked and we move on with the matter.”
Banda continued shouting at the magistrate until the court was adjourned.
The rape and robbery victim testified that Banda and his two friends attacked her and her boyfriend last year in May.
“Banda was the ring leader and after robbing us they led me to a bushy area. I was raped by one of his friends,” said the woman.
Banda was quick to object to the woman’s testimony saying: “I was only interested in money that day, not sex!”
On May 21 at around 3.30PM near Norwood Farm, Banda and his accomplices stood in the middle of the road as the woman and her boyfriend were driving from Nyamandlovu.
“As the woman’s boyfriend tried to manoeuvre around the men with the vehicle, one of the men smashed the windscreen and asked them to get out of the vehicle,” said Dzipe.
“They robbed the couple of $40, sneakers, a laptop, his clothes and cellphones.”
Dzipe said the trio also pounced on a man from St Peter’s who was cycling whom they hit with a log on July 3.
“He fell and they frisked him and took away his cellphone, identity card, clothes, a wallet and 2kg sugar. The men also took his bicycle and fled from the scene,” said Dzipe.
On August 21 at around 1PM in a bushy area in Cowdray Park, the trio met a man walking home. They forced him to surrender his property and he resisted.
He was struck with an axe handle and robbed of property valued at $270.
Banda was identified at a police identification parade and his accomplices, who were not named in court, are still at large.
Online Reporter