Magistrate sentences ‘evil spirit’ for robbery

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Andile Tshuma, Court Reporter
A BULAWAYO magistrate yesterday sentenced “an evil spirit” to community service for robbing a motorist.

Victor Chipato (24) a tout from Cowdray Park suburb, claimed he was possessed by an evil ancestral spirit when he robbed Mr Sipho Moyo (22) who had given him a lift along Luveve road in Mpopoma suburb last month.

Chipato told Western Commonage Magistrate Lungile Ncube that he was innocent as the spirit takes away his willpower and makes him commit crimes.

“I’m sorry your worship. It would not be fair that you punish me because I did not do it. It is a spirit that possesses me that makes me do things. I did not intend to steal from him,” said Chipato.

Magistrate Ncube triggered a burst of laughter from the gallery when he said the court would only “punish the spirit” and not Chipato.

“We are not punishing you. We understand that these things are not of your own doing as you say. We are punishing the spirit. We want to punish this spirit that keeps on possessing you because it is making you seem like a bad person,” said the magistrate.

He sentenced Chipato sentenced to six months imprisonment and suspended three months on condition that Chipato restitutes the complainant $252 before March 8.

He suspended the remaining three months on condition that he would perform 105 hours of community service here at Western Commonage courts.

Prosecuting, Mr Mufaro Mageza said Chipato boarded a Toyota Fun Cargo along Luveve road in Mpopoma suburb.

“When the driver requested his taxi fare, the accused person refused to pay and threatened to stab the driver. He forcibly took away a Samsung galaxy S5 cellphone and $252,” said Mr Mageza.

Nothing was recovered.

— @andile_tshuma

 

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