Man murdered over music

Midlands Bureau
A Zvishavane man who in 2012 ganged up with two accomplices and fatally assaulted a fellow imbiber over the choice of music they wanted played was on Friday sentenced to 17 years while his accomplices escaped jail after they were given suspended sentences.Golden Bako, who was aged 22 at the time he committed the crime, had pleaded not guilty to the murder of Menford Moyo when he appeared before the High Court which was in circuit in Gweru.

He appeared together with his co-accused, Erisha Simango, who was aged 23 in 2012 and Amiri Phiri who was 18 at the time the crime was committed.

Bulawayo High Court Judge, Justice Maxwell Takuva, found Bako guilty of murder with constructive intent and slapped him with a 17-year sentence.

In coming up with the sentence Justice Takuva found extenuating circumstances in that Bako was drunk when he committed the crime.
Justice Takuva found Simango and Phiri guilty of a lesser offence, that of assault, and fined them $500 each and in default six months in prison.

A further six months was wholly suspended for five years on condition that they are not to be convicted of any offence which involves violence.

Appearing for the State, Mirirai Shumba told the court that on July 30, 2012, at Maramba Business Centre in Zvishavane, the now deceased Menford Moyo was drinking beer at Maramba Bottle Store while listening to some music.

The music was being played from a memory card. Simango then asked the bar attendant to play the music randomly from the memory card but the now deceased Moyo wanted the music to be played according to its arrangement.

Said Shumba: “An argument then ensued between the deceased and Simango. Bako and Phiri then intervened and started assaulting the now deceased Moyo using booted feet and fists. The now deceased then fled from the bottle store with the three in hot pursuit.”

Once outside, Shumba said, the three, Bako, Simango and Phiri, continued assaulting the deceased. Bako then picked a stone and struck Moyo once on the back of the head.

Moyo fell to the ground and the three men continued assaulting him with booted feet and fists until he died. A post-mortem revealed that Moyo died as a result of a head injury thereby absolving Simango and Phiri from the crime of murder.