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Mashudu Netsianda Senior Court Reporter
A DETE man has been sentenced to eight years in jail for fatally assaulting a man he accused of stealing his cellphone.
Bulawayo High Court judge Justice Nokuthula Moyo who was on circuit in Hwange last Thurday convicted David Mwanza, 31, of Ndajila village of culpable homicide for causing the death of Onias Zulu, 26, six months ago.
Mwanza who was facing a murder charge, was convicted of a lesser charge of culpable homicide.
In passing sentence, Justice Moyo said Mwanza’s conduct was deplorable.
“You should’ve considered yourself very fortunate to have found your cellphone because in most cases stolen property isn’t recovered. However, a human life is irreplaceable,” said Justice Moyo.
The judge said the courts had a duty to uphold the sanctity of human life.
“Life is sacred and these courts have time and again frowned upon such deplorable conduct. The courts have a duty to uphold the sanctity of human life and in the circumstances a prison term of eight years will meet the justice of this matter,” ruled Justice Moyo.
Prosecuting, Namatirai Ngwasha said on May 30 this year Mwanza and Zulu went to see a local villager Gladmore Mkandla. On arrival at Mkandla’s homestead, the court heard that Zulu produced a cellphone which he intended to sale.
Mwanza identified the gadget as his which had allegedly been stolen from him the previous day.
The court heard that Mwanza took the cellphone and discovered that it had no sim card.
“An argument ensued between the two men resulting in Mwanza slapping Zulu in the cheek,” said Ngwasha.
Mkandla tried to restrain Mwanza from attacking Zulu, to no avail.
Mwanza then picked a log and struck Zulu on the ribs and his victim fled, but he pursued him.
The court heard that when he caught up with Zulu, he pushed him to the ground and continued to assault him until he lost consciousness.
Mwanza tried to resuscitate Zulu by pouring water on him and when he realised that he was not responding he fled from the scene leaving him lying in a pool of blood.
Zulu was found lying unconscious the following day by family members who were searching for him. They took him to Mabale Clinic where he was pronounced dead on arrival.
According to the post mortem report, pathologists concluded that the cause of death was due to subdural haematoma, skull head injury and fractures.
Mwanza was represented by Tonderai Mukuku.
Online Reporter