Man jailed 17 years for murder

Fairness Moyana in Hwange
A man from Gokwe who fatally struck his Zambian colleague with a log for refusing to pay back his money has been slapped with a 17-year jail term.

Evans Ngwenya who was 20 years of age when he committed the crime last year and is from Chief Njelele in Gokwe, “brutally struck” Paul Banda, a Zambian then aged 26 twice with a log following a misunderstanding over a debt.

According to the post-mortem report, Banda died as a result of skull bone fracture, subarachnoid haemorrhage and head trauma. Ngwenya was convicted of murder with constructive intent when he appeared before Bulawayo High Court Judge, Justice Maxwell Takuva sitting at the Hwange High Court circuit last week. Justice Takuva described the murder as brutal and avoidable had Ngwenya resorted to solving the issue amicably.

“From facts of the case deceased provoked accused by refusing to pay back his debt as he is said to have given provocative reasons for not giving back the money. You partially admitted to the facts but pleaded guilty to culpable homicide thereby admitting actus reus that you used a log while deceased was not armed and that you were defending yourself. All those facts are maternal to a charge of murder. You were intoxicated though we were not told on the degree but say you drank a six-pack. While part of the law is that intoxication is a mitigatory factor, precious life was lost.

“Deceased was also youthful and had a family to look after just like you, the family are now victims of a murder case. It is aggravatory that you brutally assaulted deceased with a dangerous weapon over a dispute that could have been resolved amicably. You delivered two blows to deceased’s head. There is a need for court to uphold the sanctity of life, it’s God given and once taken cannot be redeemed. You are hereby sentenced to 17 years,” said Justice Takuva.

Ngwenya who had offered a limited plea of culpable homicide told the court that he acted out of self-defence.

“Accused assaulted deceased in self-defence as deceased was older than him and he was in imminent danger and since it was also dark, he felt overpowered as he was alone. Accused did not have the intention to cause the death of deceased neither did he realise that there is a risk or possibility that his conduct might cause the death of deceased,” he said through his pro deo lawyer, Ms Joylyn Change of Mvhiringi and Associates.

According to the State led by Ms Memory Munsaka on 24 October 2019 at 3pm, Ngwenya and Banda were drinking beer at Sengwa Fishing Camp in Binga. The two had a misunderstanding over some money that Banda owed Ngwenya resulting in a fight, which was won by the deceased. They reconciled and parted ways.

The court heard that at around 7pm, Ngwenya went to Banda’s place of residence at Sengwa Fishing Camp, where he found him sitting outside alone. Ngwenya went on to arm himself with a wooden log from a fish drying rack and struck Banda twice on the back of the head.

Banda fell to the ground unconscious and bled profusely from the wound. Banda was taken to a nearby clinic before being referred to hospital where he died on admission.