adminMashudu Netsianda in Hwange Senior Court Reporter
TWO workmates who fatally assaulted an alleged “intruder” they caught having sex with one of the men’s wife before dumping the body along the Bulawayo-Victoria Falls highway, were yesterday sentenced to an effective 18 years in jail.
Bulawayo High Court judge Justice Andrew Mutema, sitting in Hwange during a circuit on Wednesday, convicted Kosana Getshu, 38, of Maqaqeni village and Thembelani Ngwenya, 25, of Jotsholo of murder in connection with the death of Frank Moyo, 29, last year in December.
The two had pleaded not guilty to a murder charge and tendered a limited plea of guilty to culpable homicide.
The third murder suspect, identified only as Musa, is still on the run.
Getshu and Ngwenya, through their lawyer Givemore Muvhiringi, said they attacked Moyo after he had intruded into Getshu’s hut. They also argued that Moyo was aggressive when they confronted him.
“I received information that there was an intruder in my house and I then decided to go and investigate. On arrival at my home I was shocked to find an intruder (Moyo) in my bedroom hut with my wife and when I confronted him he was very aggressive and he struck me with a car battery,” said Getshu.
He said he wrestled with his alleged attacker and when he realised that he was being overpowered, he decided to seek Ngwenya’s help.
“Ngwenya didn’t intend to kill Moyo but he just came to defend me since I’m his workmate and I was under attack from a stranger who was committing adultery with my wife,” said Getshu.
Prosecuting, Namatirai Ngwasha said on December 3 last year shortly after 10PM, Getshu together with Ngwenya and one Musa who is still at large, proceeded to Maqaqeni village after Getshu received a phone call from his son notifying him about an intruder who was in his bedroom with his wife Urgent Ndlovu.
The court heard that on arrival, the three men found Moyo in the bedroom with Ndlovu and they tied both their hands and legs before they started assaulting them with sticks all over their bodies. Moyo lost consciousness as a result of the assault.
Misheck Ngwenya, a neighbour, heard screams and went to Getshu’s home. He restrained the three men from continuously assaulting the two lovers. He then advised the three men to take Moyo and Ndlovu to hospital.
The three men took the two lovers to their car and drove along Bulawayo-Victoria Falls road heading towards the direction of Bulawayo. They stopped the car at the 123km peg and dumped Moyo in a bush near the highway and left him for dead.
“Soon after dumping Moyo, the accused persons drove to St Luke’s Hospital where they sought medical attention for Ndlovu,” said Ngwasha.
Bothwell Tshuma, a security guard who was coming from work on his way to Mbembesi Business Centre, spotted a body lying at the edge of the road. He went closer and suspicious, he reported the matter to the police.
The court heard that Getshu and Ngwenya were arrested while at St Luke’s Hospital following a tip-off.
The other suspect managed to evade arrest and is still on the run.
Online Reporter