Man jailed 18 years for murder

circuit in Gweru.
The man, Edmore Gambagamba aged 34 at the time of commission of the offence in July 2008 and from Chitsunge Village under Chief Chireya, had pleaded not guilty to a charge of murder when on Wednesday he appeared before Justice Kamocha sitting with assessors Messrs Jameson Lex Dhlula and Wellington Takawira Matemba.
However, Justice Kamocha found Gambagamba guilty of murder with constructive intent and sentenced him to an effective 18 years in prison.
Gambagamba was represented pro deo by Gweru lawyer, Ms Dorcas Shirichena of Chitere, Chidawanyika and Partners.
For the State, Ms Diana Msipa said on 15 July in 2008 at about 11am, Nation Nyatsunga, who was 34 years at the time of his death went to one Ms Linah Mahanya’s homestead in Chikwanda Village under Chief Chireya for a traditional beer drink.
The court heard that Nyatsunga was in the company of his friends, Mr Tongai Togara, Mr Jameson Munyaradzi, his brother Mr Shandirai Nyatsunga and Mr Richard Karimudenga.
Ms Msipa said about 15 minutes later, Gambagamba arrived at the same homestead for a beer drink in the company of a friend, one Ngonidzashe Shumbamhini.
Before Gambagamba could enter Ms Mahanya’s homestead, Nation approached him and requested that he return his cap that he had borrowed from him the previous day.
Gambagamba indicated to Nation that he had left the cap in question at his home.
The court heard that Nation then attempted to grab the cap that Gambagamba was wearing and a scuffle ensued.
Gambagamba then pulled out a knife from his trousers pocket and stabbed Nation once on the neck and fled.
Nyatsunga fell to the ground and died.
A post-mortem report, which confirmed that Nyatsunga had died as a result of shock and the stab wound to the throat, was produced as an exhibit in court.
In his defence, Gambagamba said when he went for a beer drink at Ms Mahanya’s place, Nation approached him and started assaulting him.
He said his brothers joined in the scuffle.
Gambagamba said Nation tried to stab him with the knife and he ducked, resulting in him falling to the ground and stabbing himself in the process.