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Mashudu Netsianda Senior Court Reporter
THE retrial of a local businessman, Danis David Konson, who was last year sentenced to death for shooting his ex-lover to death for dumping him, kicked off this week at the Bulawayo High Court.
Konson’s retrial which was initially set for October 13 was postponed to Monday after his lawyers raised concern over his mental health status.
They argued that he was not in the right state of mind to stand trial because of trauma having been on death row for 14 months.
Justice Francis Bere subsequently ordered that Konson, 63, of Parklands suburb be examined by psychiatrists who concluded that he was fit to stand trial.
Prosecuting, Samuel Pedzisai said on September 10, 2013, Konson went to Jotsholo Police Station and asked for help to solve a dispute between him and his girlfriend Siphathisiwe Ncube, 28.
He told police officers that they were fighting over a business deal.
The court heard that Constable Wisdom Matupire accompanied him to Tshongogwe Business Centre where the meeting was to take place.
“But the mood quickly changed when Konson saw a half-naked man coming out of Ncube’s room at the grocery store he had set up for her. She was wrapped in just a towel,” said Pedzisai.
The court heard that Konson, in a fit of rage, pulled the trigger of his CZ 6.35mm pistol and shot both Ncube and the police officer several times.
Ncube was shot twice in the face and once on the thigh and she died instantly while Constable Matupire sustained minor injuries.
In his defence through his lawyer, Robert Ndlovu of R Ndlovu and Company, Konson told the court that he has a history of suffering from thyroid, a disease which causes anxiety, tension, irritability and exaggerated depression.
Konson had showered Ncube with gifts and opened a grocery store for her in Lupane.
He also bombarded her with letters promising her a good life, but she still walked out of their relationship after three years.
Konson admitted the shooting but pleaded not guilty to murder with actual intent, claiming that the killing had been accidental.
He claimed that he was confused and acted out of devastation and anger after walking in on Ncube and finding her with her new lover.
“I was devastated and angered by Ncube’s behaviour of sleeping with another man when she had a subsisting relationship with me for the past six years. I asked her why she was doing that to me despite all that I had done for her and in her response she was extremely provocative and arrogant,” said Konson.
The businessman said he had been financially supporting Ncube, her daughter and mother.
“Ncube would occasionally visit me at my home in Parklands. I occasionally sent her money while she was in South Africa until she obtained a work permit and secured a job. I also sent her mother groceries,” he said.
On her return from South Africa, Konson said, Ncube identified a shop at Tshongogwe Business Centre which he helped her to establish using his financial resources.
Konson said on that particular day he had gone to Lupane to check on his girlfriend and the operations of the shop.
Konson was in February last year convicted and sentenced to death by hanging by Justice Lawrence Kamocha for the September 10, 2013 murder.
Through his lawyer, Advocate Lucas Nkomo, Konson challenged the verdict at the Constitutional Court, arguing that Justice Kamocha was biased in his judgment and acted hostile.
Online Reporter