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Kamangeni Phiri Midlands Bureau
A GOKWE North village head and his son were beginning 15-year-jail terms each yesterday after they were convicted of killing a man during a row over food aid.Village head Kezias Mugomeri, 60, and his son Gerald Martin Mugomeri, 40, repeatedly struck Stanlaus Dube — the head of a neighbouring village — with logs and the back of an axe, breaking his spine, the Bulawayo High Court heard on the Gweru circuit.
Skirmishes broke out at Mudondo Primary School on October 16, 2008, while villagers were waiting for food aid from a non-governmental organisation, the court heard.
Yesterday, Justice Nokuthula Moyo said Dube’s murder was senseless as he convicted the pair of a lesser charge of murder with constructive intent.
Justice Moyo told the two killers: “Food aid or a donation is gratuitous. You should just accept it. You don’t pay anything towards it so you shouldn’t fight over it. I therefore find you guilty of murder with constructive intent.”
Mugomeri and his son had pleaded not guilty to the murder of Dube, who was Headman Chikwenhere.
When the trial opened on Wednesday, Justice Moyo discharged two co-accused, brothers Andrew Chananavara, 32, and Simbisai, 37, due to lack of evidence linking them directly to Dube’s death.
Prosecuting, Tafadzwa Mupariwa said on October 16, 2008, at around 10AM, Mugomeri and his son as well as Dube were at Mudondo Primary School awaiting food aid from the NGO, Concern World Wide.
A meeting was then held which was also attended by Dube and his killers.
Mupariwa said during the meeting, one Norman Moyo enquired from the Concern officials whether Dube’s village and two other villages, Chenjerai and Mugomeri, would receive their share of food since they had disputes during the registration of the food programme.
One Concern official then informed them that food aid for these villages was available but would only be distributed after their differences had been resolved by the Gokwe North District Administrator.
After the meeting, two of Dube’s sons — Innocent and Denford — then confronted Moyo and demanded to know why he had raised the issue of the villages which had dispute. They then punched and kicked him.
Gerald and his father, Kezias, rushed to Moyo’s aid and started assaulting Innocent and Denford.
The prosecutor said other members of the Mugomeri family then joined in the fight and started throwing stones at the two Dube brothers.
The two Dube brothers, the court heard, sensed that they were outnumbered and fled. The Mugomeri family gave chase at the fleeing group.
Gerald and Kezias Mugomeri as well as the Chananavara brothers, Andrew and Simbisai, caught up with the late headman Dube.
Gerald grabbed Dube’s jacket while Kezias struck him on the back of the head with a log. Dube fell to the ground. Gerald then struck Dube on the head twice with the back of an axe, the court heard.
Andrew and Simbisai Chananavara also threw stones at Dube.
The four then turned and walked away, leaving Dube on the ground.
Mupariwa said Dube was taken to a nearby homestead but died before he could get any medical help.
A post-mortem report revealed that Dube died as a result of a closed head injury and fracture of cervical spine.
Online Reporter