admin
Mashudu Netsianda, Senior Court Reporter
A PLUMTREE man who fatally struck his 78 year-old grandmother with a shovel for allegedly bewitching his mother and sister was yesterday sentenced to 18 years in jail.
Nilly Dube (34) of Madlambuzi area stormed into his grandmother, Ms Lumbo Dube’s hut and hacked her with a shovel in October 2005. He accused her of causing the deaths of his mother and sister through witchcraft.
Bulawayo High Court judge Justice Maxwell Takuva convicted Nilly of murder with actual intent.
In passing the sentence, Justice Takuva condemned Nilly’s conduct, saying the courts have a duty to uphold the sanctity of life through passing deterrent sentences.
“The accused person killed an innocent and defenceless frail lady who was his grandmother in a callous and coldblooded manner. The deceased, who did not have a chance to defend herself, died a painful and violent death. There is a need for a deterrent sentence of a lengthy prison term,” said the judge.
Justice Takuva said when Nilly committed the offence, it was clear that he was troubled by the deaths of his mother and sister.
“The deaths of accused person’s mother and sister troubled him so much and therefore he wrongfully or rightfully blamed that on his grandmother. A belief in witchcraft in our law is considered a mitigatory factor not a defence,” said the judge.
In mitigation through his lawyer, Mrs Taboka Nyathi-Sibanda of Makiya and Partners, pleaded for leniency, saying he was influenced by his mother before she died to kill his grandmother whom she accused of witchcraft.
Mrs Nyathi-Sibanda said her client lacked maturity at the time of committing the offence since he was only 21 years-old.
Prosecuting, Mr Trust Muduma said on October 18 in 2005, Nilly went to his aunt, Ms Margaret Dube’s homestead where the deceased stayed. The court heard that upon arrival, Nilly, without saying anything, picked up a shovel and stormed into the kitchen hut.
“The accused person struck the deceased twice on head with the shovel and she died on the spot,” said Mr Muduma.
His aunt, Margaret, who was outside, rushed to the scene after she heard her mother screaming. she met Nilly as he bolted out of the hut and the two wrestled.
“Margaret grabbed Nilly as he was about to flee and the two wrestled,” said Mr Muduma.
During the scuffle, Nilly managed to overpower his aunt and fled from the scene.
According to post mortem results the cause of death was compound skull fracture, brain damage and assault.
A report was made to the police leading to Nilly’s arrest. — @mashnets.
Online Reporter