Online Reporter
Fidelis Munyoro
A Dema man has been sentenced to 20 years in prison for murdering his uncle and disposing of the body in a 12-meter-deep well.
David Chakahwata of Ditima Village in Dema, struck his uncle Thomas Taderera multiple times with a shovel on May 24, 2017.
A post-mortem confirmed the cause of death as hypovolemic shock and severe neck injuries. Chakahwata later confessed to the crime at Dema Police Station.
He pleaded not guilty, citing mental illness and provocation. Chakahwata claimed his uncle had taunted him about his HIV status and threatened to evict him from the family homestead.
Justice Esther Muremba ruled that while there was evidence of provocation, it did not justify the attack, stating, “A reasonable person faced with such provocation would not have lost self-control to the extent that the accused did.”
The court rejected claims that Chakahwata was mentally incapacitated at the time of the crime.
Justice Muremba stressed that “the law presumes everyone to be normal until proven otherwise,” adding, “Mental illness does not automatically absolve one of criminal responsibility.”
Chakahwata’s confession and defence outline were found to contradict his claims of amnesia. Justice Muremba described the crime as deliberate and ruled that the sanctity of life must be upheld.
She acknowledged mitigating factors, including an eight-year delay in trial, during which Chakahwata married and fathered a child, but concluded that the gravity of the offence warranted a 20-year sentence.
“The sad thing about death is that it has some permanency. Once lost, life cannot be reclaimed,” she said. The court stressed that violence in response to provocation cannot be tolerated.
