‘Killer’ teenager acquitted

Mashudu Netsianda, [email protected]

A HIGH Court judge has lashed out at police for shoddy investigations as they acquitted a Beitbridge teenager who was accused of fatally striking his 53-year-old aunt with a log before raping her as she lay unconscious and stealing her R1 700.

The teenager then proceeded to his neighbour’s home where he allegedly killed the woman together with her two minor children and burnt their bodies.

The callous murder occurred in Beitbridge in April 2021. Jethro Mukhove Gumbo (19) of Fula Village under Chief Matibe area in Beitbridge District was acquitted of four counts of murder in connection with the death of his aunt, Maria Gumbo and Ever Mbedzi (23) including her two daughters, Thanganedzo (6) and Pindulo (5).

Bulawayo High Court judge Justice Bongani Ndlovu ruled that there was a lack of sufficient evidence linking Gumbo to the alleged offences.

The judge blasted police for sloppy investigations, saying no forensic tests were conducted to prove that Gumbo has committed the offences. No exhibits were brought to court.

“This case clearly shows that police did not conduct thorough investigations. The accused indicated that he was forced to admit to the charges after he was tortured by the investigating officer, who failed to appear in court,” said Justice Ndlovu.

“No semen was taken to the forensic laboratory to show that indeed the accused had raped his aunt before killing her and neither is there any evidence to show he proceeded to his neighbour’s home and killed her and her two children and burnt their bodies.”

Justice Ndlovu noted that the State failed to prove its case beyond reasonable doubt.

“In the circumstances, the accused is found not guilty due to lack of evidence and accordingly he is acquitted of all four counts of murder,” ruled the judge.

Gumbo who was 16 years old at the time, was accused of striking his aunt with a log while she was busy working in the field and the woman died on the spot.

He then allegedly dragged the body to the field entrance where he dumped it before proceeding to Mbedzi’s homestead in the same area.

Upon arrival at Mbedzi’s place, Gumbo allegedly fatally struck the woman on the chest twice with a log before strangling her two daughters to death.

Prosecuting, Mr Thobekani Mathanzima Nyathi said on April 23, 2021, Gumbo went to Ms Elizabeth Moyo’s field in Fula Village where he found his aunt working.

He allegedly struck her on the head with a log and she died on the spot.

“Gumbo went on to rape the deceased before stealing R1 700, which was hidden in his aunt’s bra. He dragged the body to the field entrance where he dumped it and fled from the scene,” said Mr Nyathi.

The body was discovered by Ms Moyo after she had gone to her field to check the deceased. She reported the matter to the police.

The post-mortem report stated that the death was caused by a head injury, multiple scalp lacerations, bleeding from the head, and hypovolemic shock.

Minutes later, Gumbo allegedly went to Mbedzi’s homestead where he found the woman with her two daughters.

“The accused person went to Sathulani Mbedzi’s homestead in Fula Village under Chief Matibe where he assaulted Ever Mbedzi on the chest twice with a log leading to her death.

“He then went on to assault Pindulo Mbedzi and Thanganedzo Mbedzi before strangling them resulting in their deaths,” said Mr Nyathi.

“The accused then burnt the remains of the three deceased in a kitchen hut. He also burnt another hut at the homestead and fled.”

According to the post-mortem report, the cause of the trio’s death could not be ascertained due to severe burns.
Gumbo’s lawyer, Ms Nozabelo Ndlovu of Nozabelo Law Chambers, argued that there was no proof that her client committed the offences as the State relied on circumstantial evidence.

“There is no direct proof or evidence that the accused struck the deceased with a log and raped her.
“The log was not produced in court or any fingerprints found on the log to prove that it was him,” she said.

“The State is relying on evidence that was unlawfully obtained by the police with undue influence.

“This is further confirmed in the accused defence outline that he was forced to confess to the crime through torture.”

Ms Ndlovu said the State failed to prove the elements of the crime of murder linking Gumbo. In his defence, Gumbo said upon arrest, he was assaulted by police who subjected him to electric shock.