adminLindani Dube Court Correspondent
A 24-YEAR-OLD Nyamandlovu man killed his 15-month-old baby while fighting with his wife over infidelity accusations but lied that the baby fell from the bed and died.Prince Sibanda of Village Four in Nyamandlovu pleaded not guilty to murder before judge, Justice Andrew Mutema, sitting at the Hwange High Court Circuit and was charged with culpable homicide. Sibanda was sentenced to six years in prison, two years of which were wholly suspended for five years on condition he does not commit a similar offence.
Prosecuting, Namatirai Ngwasha said on September 30, 2013 at around 6PM Sibanda quarrelled with his wife Sikhangele Nyoni over an alleged girlfriend.
“He began to assault Nyoni with a piece of hosepipe and in the process jointly struck the baby, Promise Junior Sibanda, who was on the bed,” Ngwasha said.
“The pipe hit the baby’s head once and he began to cry uncontrollably before his condition deteriorated. The baby died before he could be sent to Nyamandlovu District Hospital.”
Through his legal counsel Tonderai Mukuku of Marondedze, Mukuku and Partners, Sibanda asked for pardon saying he committed a regrettable crime that would haunt him for life.
“My lord, Sibanda committed the offence accidentally as the dispute with his wife occurred. He is a first time offender who has been in remand for nine months and is still married to the wife,” said Mukuku.
In mitigation, Sibanda said he assaulted Nyoni after she became violent while confronting him over an alleged girlfriend.
“My wife heard that I was in love with a certain person and went to the homestead of the alleged girlfriend to confront and assault her,” he said adding it was not a good way to deal with his wife who had every right to ask him about his alleged infidelity.
Justice Mutema said Sibanda tried to obstruct justice by initially lying to the police about the baby falling from the bed and hitting a bath stone.
“The saying, there are 1,000 ways to die has become true as no one would think a young life would die in such a way. It was preventable if you had solved the matter amicably,” said the judge.
Justice Mutema said the court was saddened by the loss of the child.
“He might have been your child but the state will always protect its citizens. It is surprising that you purport to be in love with your wife but engaged in domestic violence,” he said.
Justice Mutema said there was a need for the court to deter would-be offenders involved in domestic violence by sentencing them heavily.
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