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Patrick Chitumba Midlands Bureau Chief
A 39-YEAR-OLD man from Mberengwa who sodomised his three-year-old step daughter until she died has been sentenced to death. Justice Lawrence Kamocha of the Bulawayo High Court, sitting at the Gweru High Court Circuit, yesterday found Samson Mutero guilty of aggravated murder saying he had lied that the infant had suffered an epileptic seizure when in fact she had never suffered one before.
Mutero, the court heard, lured the girl into the bush after telling her mother that she had to accompany him to fetch firewood in September 2013.
Justice Kamocha said Mutero was never concerned about the minor’s life because after she fell unconscious, he cooked and ate isitshwala, instead of taking her to the hospital.
“The minor had a right to life but that right was violently taken away from her. There was no justification to killing the toddler and the State is calling for the maximum penalty,” said Justice Kamocha.
“The accused planned the murder of the innocent soul. He was totally unconcerned about her life and wanted to see her dead and is found guilty of murder and is sentenced to death.”
He said Mutero’s evidence had been rejected in its entirety.
He said even Mutero’s lawyer, Albert Mhaka of Mhaka Attorneys, had admitted that the circumstances leading to the infant’s death were aggravated and had failed to find extenuating circumstances.
Justice Kamocha said Mhaka’s call for the court to consider giving Mutero a lighter sentence citing the Constitution’s Section 48 (2) (a) (the right to life) had not been considered by the court because of the gruesome way the infant had been killed.
“His wife said it was too hot to take the child out to the bush to collect firewood but he threatened her, meaning to say he planned to kill the child,” added the judge.
He said Mutero, although illiterate, was a good planner since he came back saying that the child had suffered fits.
Prosecutor Tafadzwa Mupariwa had also asked the court to consider a stiff punishment saying Mutero had failed to protect the minor who looked up to him for protection and love.
It was the State case that on September 20, 2013, at around 11AM, Mutero was at his homestead in the company of his wife, Kudzai Dube, and the infant.
Mutero then took the infant into the bush on the pretext that he wanted her to assist him to fetch firewood.
While in the bush, Mutero sodomised and raped her before assaulting her all over the body with an unknown object until she fell unconscious.
Mutero then carried her home and placed her in a bedroom hut. She was already dead.
He arranged for the minor to be buried in Nkomonye Village, Chief Nyamhondo, in Mberengwa.
The village head, Shumeka Shumba, became suspicious and reported the matter to the police leading to the man’s arrest.
Online Reporter