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Mashudu Netsianda, Senior Court Reporter
A MAN from Plumtree who was accused of storming his 65-year-old grandmother’s hut and axing her to death before torching the woman’s grass thatched rondavel, has been acquitted.
Cabangani Moyo (30) of Madlambuzi village was alleged to have struck Hami Moyo with an axe before setting her hut ablaze in 2004.
Cabangani, who was aged 18 at the time of the alleged crime, allegedly accused his grandmother of bewitching him.
He appeared before Bulawayo High Court judge Justice Martin Makonese facing a murder charge.
Justice Makonese, in his judgment, said the state failed to prove its case beyond reasonable doubt.
The judge also queried why police did not investigate Ashed Moyo, Cabangani’s uncle, who was implicated in the murder.
Justice Makonese said although Cabangani’s testimony was fraught with inconsistencies, he was entitled to the benefit of the doubt.
“This matter is based on circumstantial evidence and it’s the court’s view that the state hasn’t discharged the onus of proving the guilt of the accused beyond reasonable doubt. Accused may have not been an honest witness in some aspects of his testimony, but that doesn’t lead to conviction. In the result, the accused is found not guilty and acquitted,” ruled Justice Makonese.
Prosecuting, Miss Nokuthaba Ngwenya said on September 17, 2004 shortly after 6PM, Cabangani armed himself with an axe and proceeded to the late Mr Kwebe Moyo’s homestead in Madlambuzi village.
On arrival, he stormed into the kitchen hut where he found Hami warming herself by the fire.
Miss Ngwenya said Cabangani struck his grandmother with the axe several times before taking a smouldering log from the fire.
He allegedly torched the hut and fled from the scene leaving the deceased’s body burning.
Mr Kwebe, who was the deceased’s husband, but is now late, rushed to the scene and managed to retrieve the body from the burning hut before he screamed for help.
“Neighbours heeded the call and they came and helped Mr Kwebe carry the body to his bedroom,” said Miss Ngwenya.
The following morning a report was made to the police leading to Cabangani’s arrest.
Cabangani, through his lawyer, Mr Gary Sengweni, denied committing the crime.
He accused Ashed of committing the crime, arguing that he had a long standing dispute with Hami whom he accused of witchcraft.
Cabangani alleged that he was tortured by police who later forced him to make indications.
Online Reporter