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Mashudu Netsianda Senior Court Reporter
A GWANDA man who stoned his friend to death after he provoked him by “jokingly” slapping him on the cheek during a beer drink was yesterday sentenced to two years in jail.
Bulawayo High Court judge Justice Maxwell Takuva convicted Tamolin Lamola, 23, of John Dip village of a lesser charge of culpable homicide.
Lamola will serve an effective 12 months in jail after one year was suspended for five years on condition that he does not within that period commit a similar crime.
Lamola, who was initially charged with murder, pleaded not guilty and tendered a limited plea of culpable homicide in connection with the death of Never Ngulube who was 39 at the time of his death.
In his ruling, Justice Takuva concurred with both the State and defence counsels that mitigatory factors outweighed aggravating circumstances.
In his judgment, Justice Takuva said although there was an unlawful attack, Lamola’s decision to stone his friend was unreasonable and irrational.
“In terms of the law, the victim of unlawful attack is entitled to self defence, but in these circumstances, the manner in which Lamola retaliated was irrational. We find that Lamola’s life was not in danger at all, neither was he in danger of serious bodily harm,” said the judge.
“In our view, Lamola was angered by Ngulube’s behaviour and decided to retaliate, but in doing so he went beyond bounds and acted in an unreasonable manner. Accordingly, he is acquitted of murder and found guilty of culpable homicide.”
Justice Takuva noted that there were strong mitigatory factors.
“The scale tilts in favour of Lamola as there are more mitigatory factors than aggravating ones. The fact that you gave Ngulube’s family seven cattle and five goats as some form of compensation as well as contributing towards the funeral expenses shows that you are contrite,” he said.
The judge, however said the courts had a duty to uphold the sanctity of human life.
“The courts don’t condone violence. Culpable homicide arising from violence is a serious crime and the courts have a duty to uphold the sanctity of life. Lamola used disproportionate force to avert the attack and he must be punished for that through a custodial sentence,” ruled Justice Takuva.
Prosecuting, Thompson Hove said on December 23, 2010, shortly after 6.30PM, the two men were drinking beer at John Dip Business Centre when an altercation ensued after Ngulube “jokingly” slapped Lamola on the face.
Lamola got angry and retaliated but he was restrained by members of the public.
The court heard that a few minutes later, Lamola armed himself with a stone and hit Ngulube on the head and he collapsed and lost consciousness.
Soon after committing the crime, Lamola fled and Ngulube was assisted by villagers who took him to Nhwali Clinic.
He was later transferred to Manama Mission Hospital where his condition deteriorated until he died on January 10, 2011.
In mitigation through his lawyer, Thompson Mabhikwa of T J Mabhikwa and Partners, Lamola pleaded for leniency, saying he was a sole breadwinner looking after his minor child and siblings following the death of his father.
Online Reporter