Fidelis Munyoro
Chief Court Reporter
A MAN who supplied a knife used to kill an 18-year-old patron during a fight over music at a Silobela bar has been sentenced to 20 years in prison for murder.
Although Timothy Mathonsi did not personally stab Simon Dube, the High Court found that he was a co-perpetrator because he handed the weapon to the man who carried out the killing and later helped him flee.
Justice Munamato Mutevedzi, sitting with assessors Nemapare and Musiyazviriyo, said Mathonsi’s conduct went beyond that of an innocent bystander.
“He directly altered the nature of the fight by introducing a deadly weapon,” Justice Mutevedzi said.
The incident occurred on August 16, 2018 at Gombe Bar, Wozoli Business Centre, in Silobela.
Dube had been drinking beer with his brothers when a disagreement broke out with Handsome Ngwenya over music being played at the bar.
Ngwenya grabbed Dube by the collar and dragged him outside, with several other people following them.
The confrontation appeared to have ended after other patrons intervened, but Mathonsi and Ngwenya subsequently moved towards a nearby road.
According to evidence accepted by the court, Mathonsi then handed Ngwenya a knife.
Dube later began walking back towards the bar when Ngwenya charged at him.
The two men fell to the ground and wrestled, during which Ngwenya stabbed Dube twice in the chest and once at the back of the head.
Dube got up and walked for about 20 metres before collapsing.
He was taken to Kwekwe District Hospital but was pronounced dead on arrival.
The State relied on evidence from Farai Dube and Edmore Mpofu, who told the court that they saw Mathonsi hand the knife to Ngwenya.
Farai said he was about eight metres away when he witnessed the handover.
Mpofu identified the weapon as a Columbia knife with a black handle, which he said he had earlier seen in Mathonsi’s possession.
The court found the two witnesses credible and said their evidence mutually corroborated each other.
Mathonsi denied giving Ngwenya the knife and rejected the State’s allegation that he had shared a criminal purpose with him.
The court, however, rejected his version.
A blood-stained T-shirt recovered from Mathonsi also formed part of the State’s case.
Mathonsi admitted that the shirt belonged to him but said the blood had splashed onto it from Ngwenya, whom he claimed was covered in blood after the fight.
Justice Mutevedzi rejected the explanation, describing it as scientifically improbable.
The court found that Mathonsi’s conduct before and after the stabbing was consistent with active participation in the murder.
A key issue before the court was whether Mathonsi could be convicted of murder despite not having personally inflicted the fatal injuries.
The court held that he could.
Under section 196A of the Criminal Law (Codification and Reform) Act, people who act together with the requisite criminal intention or foresight may be convicted as co-perpetrators.
The court found that Mathonsi must at least have foreseen the real possibility of serious injury or death when he handed a knife to a person involved in a violent confrontation.
“The offender did not physically inflict the fatal stab wounds,” Justice Mutevedzi said, “but the evidence established beyond reasonable doubt that he actively associated himself with the commission of the offence.”
His conduct after the stabbing further counted against him.
Instead of assisting Dube, the court found that Mathonsi encouraged Ngwenya to flee before leaving the scene himself.
The court said this conduct was inconsistent with innocence.
In sentencing, the court found that the murder had been committed in aggravating circumstances because a lethal weapon had been used.
The State sought a 20-year prison term, while the defence argued for 10 years.
The court said it could not impose a sentence below 20 years because the law prescribes a minimum 20-year sentence for murder committed in aggravating circumstances.
Life imprisonment was also considered, but the court found it would be excessive given Mathonsi’s personal circumstances.
He was 22 at the time of the murder, was a first offender and had no previous convictions.
The court also took into account that he had not personally wielded the knife.
Justice Mutevedzi nevertheless said the circumstances warranted the statutory minimum sentence.
“Mercy should not be confused with undue sympathy,” he said.
Mathonsi was accordingly sentenced to 20 years in prison.
ENDS_
