Guilty verdict in murder trial of three men

Justice Neville Wamambo ruled that the two officials had deliberately failed to comply with a court order and sentenced them to six months’ imprisonment, wholly suspended on condition that they immediately allocate Razo a stand of the same size as the one he previously held in Vengere Township, Rusape.

Fidelis Munyoro

Chief Court Reporter

THE High Court has found Eallah Chinodya, Brian Tongowasha and Tongai Chinodya guilty of murder in connection with the brutal mob killing of a man in Mbare in October 2022.

Justice Esther Muremba ruled that all three accused acted with awareness and recklessness, fulfilling the legal requirements for murder under section 47(1)(b) of the Criminal Law (Codification and Reform) Act.

“The evidence shows that the accused consciously participated in a violent mob attack that resulted in the death of the deceased,” Justice Muremba said. “The doctrine of common purpose applies; each of them is liable as a co-perpetrator.”

The case stems from a fatal incident on October 7, 2022, near Nenyere Flats in Mbare. According to the court, the accused were part of a mob that attacked the victim during a dispute over a piece of land.

Witnesses testified that the mob, armed with stones and a log, assaulted the man until he collapsed and bled profusely from his head, nose, and mouth. He died later that day.

Eallah, Tongowasha, and Tongai denied the charges, offering alibi defences during the trial. Eallah claimed he was in Budiriro at the time, Tongowasha said he was playing football, and Tongai stated he was in Mazowe selling second-hand clothes.

However, the court dismissed these claims, noting their failure to disclose the alibis during police investigations and the lack of credible evidence to support them.

“The accused’s alibis were not raised until trial and were contradicted by the testimonies of eyewitnesses who placed them at the scene,” Justice Muremba said.

The State’s case relied heavily on the testimony of four witnesses, Charles Moyo, Urgent Kamumvuri, Robson Kandenga, and Xavier Juliao, who all identified the accused as active participants in the assault.

The court heard that Eallah and Tongai acted as ringleaders, with the latter delivering the fatal blow using a log.

Brian Tongowasha was seen stepping on the victim’s head after the man had already collapsed.

Justice Muremba emphasised that the law does not require proof of who delivered the fatal blow in cases involving group violence.

“Under the doctrine of common purpose, it is sufficient that each accused knowingly participated in the assault, aware of the real risk of causing death,” she said.

The defence argued that the charges were politically motivated, as all three accused were supporters of the opposition Citizens Coalition for Change (CCC) party. The court rejected this claim, finding no evidence of political bias in the witnesses’ testimonies.

The post-mortem report confirmed that the victim died from severe head trauma caused by the assault, which included a blow to the head with a log and multiple injuries from stones and booted feet.

Justice Muremba ruled that the accused acted with both awareness of the risk of death and recklessness in persisting with the attack.

The court will proceed to hear sentencing submissions.