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Mashudu Netsianda Senior Court Reporter
THE retrial of Bulawayo businessman, Danis David Konson, who was last year sentenced to death for fatally shooting his ex-lover, has been set for October 13 at the Bulawayo High Court. Konson, 63, of Parklands suburb was in February last year sentenced to death by Justice Lawrence Kamocha. Through his lawyer Advocate Lucas Nkomo, Konson challenged the verdict at the Constitutional Court, arguing that Justice Kamocha was biased in his judgment and his actions were hostile.
Adv Nkomo said his client’s right to fair trial in terms of Section 69 (1) of the constitution was violated by the presiding judge who descended into the arena of conflict between himself and the state. Chief Justice Godfrey Chidyausiku and seven others, sitting at the Constitutional Court’s full bench in July, ruled in Konson’s favour and ordered that he be retried under a different judge.
Konson had initially lodged an appeal at the Supreme Court which then referred the matter to the Con-Court for determination in terms of section 175 (4) of the constitution. Section 175 (4) reads: “If a constitutional matter arises in any proceedings before a court, the person presiding over that court may and, if so requested by any party to the proceedings, must refer the matter to the Constitutional Court unless he or she considers the request is merely frivolous or vexatious.”
Konson shot his ex-girlfriend, Siphathisiwe Ncube, 28, three times after she dumped him. He was convicted and sentenced to death by hanging on February 3 for the September 10, 2013 murder.
Konson had plied Ncube with gifts and opened a grocery store for her in Lupane. He also bombarded her with letters promising her a good life, but she still walked out of their relationship after three years.
Konson admitted shooting his girlfriend but had pleaded not guilty, claiming that the killing had been accidental. He claimed that he was “confused and in a blackout” after walking in on Ncube and finding her with her new lover.
But Justice Kamocha said Konson had planned to kill Ncube because he took a gun for the visit. Ncube had told him in a letter that she had found a new man and was now married. Konson and Ncube began their relationship in 2008. In January 2012, the enamoured Konson opened a shop for her, which he also helped her run.
In July 2012, Ncube told Konson that she wanted to end the relationship. He tried to persuade her to change her mind without success. On September 10 last year, Konson went to Jotsholo Police Station and asked for help in solving the dispute between him and Ncube, telling cops that they were fighting over a business deal.
Constable Wisdom Matupire accompanied him to Tshongogwe Business Centre where the meeting was to take place. But the mood quickly changed when Konson saw a half-naked man coming out of Ncube’s room at the grocery store he had opened for her. Ncube was wrapped in just a towel. Konson told the court he suffered a “blackout” and pulled the trigger of his CZ 6.35mm pistol, shooting both Ncube and the police officer several times. Ncube was shot twice in the face and once on the thigh and died instantly.
Online Reporter