Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A SERIAL rapist from Bulawayo who attacked and raped a woman from Cowdray Park suburb who was coming from fetching firewood with her two neighbours was yesterday sentenced to death.
Peter Nyathi (31) of Cowdray Park struck Ms Shella Moyo (42) with a log as she was coming from fetching firewood with her neighbour before raping her as she lay unconscious.
The deceased succumbed to the injuries two days later while admitted to Mpilo Central Hospital.
Nyathi has been linked to a series of rape, unlawful entry and theft cases in Cowdray Park and Luveve suburbs.
He broke into several houses and raped women in bushy areas between the two suburbs.
Bulawayo High Court judge Justice Martin Makonese yesterday convicted Nyathi of murder with actual intent.
In passing the sentence, the judge condemned Nyathi’s actions saying he deserved to be permanently removed from society.
“You brutally cut short the life of an innocent and defenceless woman by striking her with a log resulting in her collapsing and losing consciousness. Not satisfied with the attack, you decided to quench your bizarre sexual appetite by raping her as she lay unconsciously on the ground,” said Justice Makonese.
“Your actions were utterly disgusting and sadistic and worse still you even went to great length to cover up your conduct by peddling lies upon being asked by your wife when she discovered blood stains on your clothes and again this was a clear sign of lack of remorse.”
Justice Makonese said the murder was committed in aggravating circumstances warranting capital punishment.
“This was a murder committed in aggravating circumstances and we find you to be a callous, calculative and cruel person. The only appropriate sentence is to permanently remove you from society,” ruled the judge.
On being asked why a death penalty should not be imposed on him, Nyathi who appeared unfazed pleaded for lenience, saying he was a sole breadwinner taking care of his wife, their minor child and his 84-year-old grandmother.
Justice Makonese reminded the accused person of his automatic right of appeal against both conviction and sentence at the Supreme Court.
Prosecuting, Mr Trust Muduma said on October 22 in 2018 at around 1PM, Moyo as well as two sisters, Lilly and Laiza Gumede left Cowdray Park suburb to fetch fire wood at Esiphaziphazi Hills in the north western side of Cowdray Park.
At around 5PM on their way back, they were attacked by Nyathi and they fled in different directions. Nyathi managed to catch up with Moyo and he struck her on the head with a log and she fell unconscious.
“Nyathi dragged the now deceased to a maize field where he raped her once and fled from the crime scene. The now deceased was rescued by Cowdray Park residents and was taken to Mpilo Central Hospital and admitted to the Intensive Care Unit (ICU) where she later succumbed to her injuries on October 24,” said Mr Muduma.
According to the post mortem report, the cause of death is head injury, physical and sexual assault and intracranial haemorrhage.
The court heard that upon Nyathi’s arrest, his wife revealed to police officers that on the day Moyo was attacked, her husband arrived with blood stained clothes.
Nyathi, however, lied to his wife and told her that he was injured.
In his defence, through his lawyer, Mr Loyd Chimire of Liberty Mcijo and Associates, Nyathi said it was not his intention to kill the deceased. He argued that he acted in self defence after Moyo provoked him.
“I never intended to kill the deceased. I confronted her with the intention to enquire as to why she was insulting me and labelling me a serial murderer when she spotted me while I was on my way to the mountain to look for herbs. She then armed herself with a log and struck me once on the head and twice on the shoulder. I managed to overpower her before grabbing the log and attacked her,” said Nyathi.
Nyathi was arrested at Bulawayo Prison where he had started serving a 10 months prison term for unlawful entry and theft which he committed in Shangani, Matabeleland South.
He allegedly supplied a false name and was convicted as Mthulisi Nyathi to avoid being identified as a convict who had absconded a number of cases in the courts.
Police said Nyathi confessed to raping several women who did not report the cases and they are following up on that. — @mashnets
Online Reporter