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Fidelis Munyoro
A Mhangura man has been sentenced to an effective 12 years’ imprisonment for fatally stabbing another man during a drunken brawl.
Aaron Tom pleaded not guilty to murdering Lloyd Jonasi in a knife attack when his trial opened before Justice Priscillah Munangati-Manongwa in June.
Jonasi died of stab wounds he sustained when he tried to separate Tom and another man Bright Katandara during a drunken fight at Chembada Business Centre in Mhangura.
Tom denied the murder charge, blaming the death of Jonasi on his friend Calvin Boroma whom he claimed had a knife during the altercation and suspected that Boroma might have mistakenly stabbed Jonasi in a bid to stab him.
But after a fully contested trial, Justice Munangati-Manongwa last week convicted Tom of the murder after the prosecution proved a prima facie case against the accused.
She sentenced Tom to 18 years’ imprisonment with three years suspended for five years on condition of good behavior.
In passing sentence, the court took into account the fact that the attack against Jonasi was not premeditated.
It occued during a fight that involved several parties, with a possibility that Tom was being overcome as Jonasi had joined the fight to rescue Katandara.
“Inspite of this, the moral blameworthiness of the accused [Tom] is high,” said Justice Munangati-Manongwa. “Carrying of lethal weapons has its consequences especially where mindless use thereof results in fatal consequences.”
Earlier on, in her judgment, Justice Munangati-Manongwa noted that during trial Tom’s demeanor left a lot to be desired and he prevaricated on his version of what transpired on the fateful day.
The court observed that he did not take the proceedings seriously and performed poorly during cross-examination and avoided questions in certain instances.
Equally, Tom could not provide a reasonable answer when asked how the deceased could have approached Boroma for assistance if he [Boroma) had stabbed him.
Testifying in his defence Tom claimed that as he went into a shop, Boroma confronted him over a gossip issue.
Before he could respond to the issue, Tom claimed Boroma attacked him and Katandara joined in by kicking him.
He also claimed that Katandara attacked him with a brick while Jonasi held him. Tom also told the court that he was rescued by one Better Mukundanyoka, a potential witness he failed to bring to court to testify in his defence.
Further, Tom claimed that as he left the scene for his home, he noticed that Boroma was holding something. He said he only heard that someone had been stabbed when he was long at his home.
Mr Beaven Marevanhema of from the National Prosecution Authority prosecuted while Mr Willard Madzimbamuto of Kajoko and Company represented Tom.
Online Reporter