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Auxilia Katongomara Court Reporter
A 26-year-old Nkayi man who burnt down a neighbour’s homestead after being warned against dating a juvenile was on Friday sentenced to 18 years in prison. Prosper Kusena of Mfanyana Village appeared before regional magistrate Sikhumbuzo Nyathi facing three counts of attempted murder.
He pleaded guilty to all the charges.
Passing sentence magistrate Nyathi said there was no excuse for crime and Kusena deserved a lengthy jail term as he acted in an aggravated manner.
“You are lucky that the complainants survived all the attacks but that does not exonerate you from conviction. For count one and two, I am sentencing you to 8 years in prison and 10 years for count three,” said Nyathi.
Kusena will serve an effective 13 years behind bars after five years were wholly suspended on condition of good behaviour.
Prosecuting, Masimba Saruwaka told the court that on January 26, 2013 at about 1AM, Kusena set fire to a hut in which the complainants were sleeping.
The juvenile, 13, whom Kusena dated and her sister Senzeni Nyoni, 32, were awakened by a fire that was raging in their hut.
The complainants screamed for help and their father woke up and rescued them from the burning hut before trying to put out the fire.
Their efforts were however, fruitless as all property was destroyed.
The property destroyed was valued at $188.
Saruwaka said early the next morning, the complainants and their father, tracked the suspect’s foot prints which led them to Kusena’s homestead.
The accused was picked up and the prints matched his and he admitted to setting the hut ablaze.
The court heard that Kusena had earlier been warned by the juvenile’s father against dating his daughter whom he said was too young for relationships.
On the third count, the court heard that on December 26, 2013, Kusena stabbed Abel Nzima on their way from a beer drink.
Saruwaka told the court that Kusena and his friends Richmore Bhebhe and Milton Ndlovu were on their way from Tohwe Business Centre when they were approached by the complainant.
The court heard that Kusena began shouting at Nzima and threatened him with death for dating his girlfriend, the juvenile.
“He then opened his okapi knife and stabbed the complainant once under the ribs,” said Saruwaka.
The complainant rushed home and reported the matter to his brother Melusi Nzima and the police leading to the Kusena’s arrest.
The complainant was referred to Nkayi Hospital where upon admission was rushed to Mpilo Hospital as he had suffered a deep cut under the chest.
In his defence, Kusena said he did not own an okapi knife and claimed that the Nzima had provoked him leading to a fight.
He claimed he had no intention to stab him.
Online Reporter