Online Reporter
Trish Mukwazo, [email protected]
A 37-YEAR-OLD artisanal miner from Fort Rixon in Insiza District, who was accused of fatally stabbing his younger brother during a beer-drinking session following a dispute over US$26, has been acquitted by the High Court.
Johanne Muzvondiwa of Hikira Village in Gokwe District had been facing a murder charge in connection with the death of his brother, Trust Muzvondiwa (25), in May last year.
However, Bulawayo High Court judge, Justice Naison Chivayo, ruled that the State had failed to provide sufficient evidence linking Johanne to the fatal stabbing, and subsequently acquitted him.
According to the State, led by Ms Sharon Phiri, the incident occurred on 3 May last year at around 2pm, when the two brothers were drinking beer at a bar in Pioneer Village, Fort Rixon. An argument allegedly broke out over a US$26 debt that the deceased owed to the accused.
“Later that evening, at around 9pm, the argument escalated, prompting one Sylvester Mapulanka to intervene. He separated the two and advised Johanne to take a different route home while he accompanied Trust,” said Ms Phiri.
However, the court heard that Johanne allegedly refused to leave, insisting on getting his money and allegedly threatening Trust with death.
“The accused later caught up with Mapulanka and Trust. Despite Mapulanka’s attempts to calm him down, Johanne, who was armed with an okapi knife, allegedly confronted his brother and stabbed him in the neck and chest and he died on the spot,” said Ms Phiri.
The court heard that after realising the extent of the injuries, Johanne allegedly attempted to assist his wounded brother by trying to place him in a nearby vehicle, but bystanders intervened and police were alerted, leading to his arrest.
In his defence, through his lawyer, Ms Thembelani Sibanda of Nozabelo Law Chambers, Johanne denied committing the crime, arguing that he had been inside the bar the entire time and only learnt of the incident when he went outside.
“I was inside the bar when I heard that someone had been injured. I went to check and found my younger brother lying in a pool of blood. While trying to assist him, some people apprehended me, and I was later arrested when the police arrived,” Johanne told the court.
