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Fidelis Munyoro
Chief Court Reporter
Former Midlands State University Lecturer Faith Gudo, who fatally struck his neighbour with a stone following an altercation over stray cattle, will spend the next 15 years behind bars for murder.
Faith Gudo (52), a former lecturer and programme coordinator at MSU, is the owner of Wildbeast Farm, Chivhu.
He denied murdering David Dube when his trial opened before High Court judge Justice Esther Muremba. But after a fully contested trial, Justice Muremba and her assessors convicted Gudo of murder.
In sentencing Gudo the judge determined that the murder was not committed under aggravating circumstances, making the presumptive penalty of 15 years applicable. The court also considered that Gudo helped the deceased after realising his wrongdoing, covered funeral expenses, and paid half the compensation demanded by the deceased’s family.
Justice Muremba said there was no reason to deviate from the prescribed penalty, finding no factors justifying a higher sentence, nor any a lower one.
“A reduced sentence might send the wrong message to society, suggesting that providing assistance and compensation to the deceased’s family could result in a very lenient punishment,” she said. “It is crucial for society to maintain respect for human life and the decency to resolve conflicts without resorting to violence. Accordingly, the accused is sentenced to 15 years’ imprisonment.”
Evidence showed that after the initial altercation, Gudo intended to report the incident to the chairman, indicating a lack of premeditation, but Dube followed Gudo, leading to the unplanned use of a stone. Generally, premeditated murders are considered more heinous than spontaneous killings.
The legal counsel for Gudo moved the court to consider that his client was a hardworking farmer, who had repeatedly suffered crop damage caused by the deceased’s cattle, leading to significant financial losses and frustration. While this did not justify the actions that resulted in the loss of life, his lawyer said it provided context for his client’s state of mind.
Additionally, the defence counsel asked the court to consider that Gudo was a first-time offender, having never previously crossed paths with the law. His client was a distinguished lecturer who had contributed significantly to both national and international academic communities.
Given these mitigating factors, the court was encouraged to consider the shortest possible sentence, as the mitigating circumstances far outweighed the aggravating ones.
However, the defence counsel did not give an indication of what he considered to be the shortest possible sentence.
In aggravation, the prosecution counsel said Gudo was the aggressor, attacking Dube with a stone on the head, a lethal weapon targeting a delicate part of the body. This assault, he argued, occurred over a matter that could have been resolved without violence.
The right to life was sacrosanct and constitutionally protected, yet murder offences were rampant in this jurisdiction, often over trivial issues. The victim impact statement from the deceased’s wife revealed that she and her children are still in immense pain and trauma, having witnessed the assault on their bread winner.
They lost their breadwinner, leading to poverty; the two older children have dropped out of school and now live with their grandmother, while Dube’s widow struggled to feed them and pay for their education.
On April 11, Gudo approached Dube at his homestead and accused him of letting his cattle stray into his field. An altercation arose, resulting in a fistfight.
Gudo picked up a stone and struck Mr Dube on the head. Mr Dube fell unconscious and Gudo rushed him to Chivhu General Hospital. Mr Dube’s condition deteriorated and he was taken to Sally Mugabe Central Hospital in Harare where he died on April 20.
Online Reporter