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Court Reporter
A DRINKING party turned tragic when a 25-year-old man was stabbed with a spear and stoned to death by his nephew while trying to restrain his younger brother from fondling the breasts of his wife’s younger sister.
The incident occurred in October 2008 when the late Cornelious Moyo, his wife Ms Nomsa Sibanda, Sibanda’s younger sister Eucalys, Moyo’s younger brother Fanuel, his wife Siphiwe Ndlovu and the accused Everton Ndlovu and his wife Moreblessing Dube were on their way to Inyathi from Bulawayo.
It is alleged that they had all drunk copious amounts of alcohol including seven bottles of alcoholic spirit, each measuring 750ml by the time they reached Lonely Mine in Inyathi.
While in Inyathi and walking home, Fanuel Moyo, who testified in court as a State witness, allegedly fondled Eucalys much to the chagrin of his late brother who rebuked him.
The two exchanged harsh words and ended up fighting. They were however, restrained by Ndlovu.
The late Moyo then charged at Ndlovu accusing him of interfering in a private matter and a fight ensued between the two.
Bulawayo High Court judge Justice Martin Makonese, who was on circuit in Hwange, yesterday heard how Ndlovu allegedly assaulted Moyo to death during the same night.
Ndlovu, who is facing a murder charge, appeared before Justice Makonese sitting with assessors, Mr Mathias Munzabwa and Mr Tolani Elias Ndlovu. Justice Makonese reserved judgment to Monday, saying he wanted to go through submission by the State and defence counsels.
Prosecuting, Mr Whisper Mabhaudhi told the court how Ndlovu planned to kill Moyo after arming himself with logs and a spear.
“Ndlovu knew what he was doing and cannot hide behind the fact that he was intoxicated,” he said.
The State questioned Ndlovu’s defence in which he is claiming that he hit Moyo with an iron bar on the back, arguing that it was not consistent with the injuries sustained by Moyo which led to his death.
Moyo suffered broken jaws, a broken leg, deep lacerations on the head, a deep cut on the throat and ruptured liver.
Nomsa Sibanda in her testimony narrated to the court how Ndlovu attacked Moyo.
Mr Mabhaudhi prayed that the court finds Ndlovu guilty of murder with actual intent while his pro deo lawyer Mrs Dorothy Zihove from Mashindi and Company prayed that he be convicted of murder with constructive intent.
She said State witnesses had failed to show the state of Ndlovu’s drunkenness, arguing that he acted under the influence of alcohol.
In his defence, Ndlovu said he and his wife fled from the scene near Lonely Mine because Moyo was attacking him with empty bottles of beer.
He said he fled home and told his uncle Mr Train Mpofu about the issue and was later attacked by Moyo whom he overpowered and fatally struck in self defence.
It is the State’s argument that Ndlovu rushed home and armed himself with a spear, log, iron bar and stone and lay in ambush.
He allegedly struck Moyo with a stone and he fell down upon which he stabbed him on the chest and pummelled his head until he died due to excessive bleeding.
Online Reporter