Minister’s son jailed 18 years for murder

Resident Minister Cde Jason Machaya and his three accomplices to 18 years each in prison for murder.
Machaya and his accomplices Abel Maposa, Edmore and Bothwell Gana were convicted of the murder of Moses Chokuda in 2009.
Machaya (29), Maposa (52), Edmore Gana (29) and his younger brother Bothwell (26) and two other accomplices, Obert Gavi and Tirivashoma Mawadze (both aged 25) had pleaded not guilty to a charge of murder with actual intent when the trial opened on Monday last week.

But Justice Mathonsi sitting with assessors Messrs Jameson Lex Dhlula and Wellington Takawira Matemba found Machaya, Maposa, Edmore and Bothwell Gana guilty of murder with constructive intent.
He, however, found extenuating circumstances and sentenced the four to 18 years in prison each. Justice Mathonsi said the four were made to travel a long distance of more than 30km to Sizanani area in Chief Nemangwe and this could have infuriated them. He said Machaya’s shop had been broken into, a development that could have precipitated the chain of events that led to the subsequent and unfortunate death of Chokuda.

“However, we are aware of the fact that murder is a serious offence. Our courts always emphasise the sanctity of life. On the day in question you decided to put the law into your hands.
“Instead of engaging the police you decided to engage soldiers who have no mandate of such matters,” said Justice Mathonsi.
“You should have gone to the police station, which is only 3km away, instead of travelling a distance of more than 30km and crossing a flooded river in pursuit of your goods. You abducted people at will, presenting yourselves as police officers and soldiers. We cannot allow this as a nation. There is no reason to treat each of you differently as you acted with a common purpose.”

In his summary of the matter, Justice Mathonsi said the State had presented credible witnesses who gave evidence that far outweighed that presented by the accused.
Justice Mathonsi gave special mention of Mr Tinoziva Batisa and Mr Tinashe Kwicho (both aged 21) who despite their limited education and rural background did not budge under cross-examination from an experienced and competent lawyer.

He said the four convicted persons’ evidence had some loopholes as they failed to explain how a group of strangers ended up joining them in their search for their stolen goods. The only person among the accused who emerged as a credible witness was Mawadze who gave a frank account of how he assaulted Chokuda.
Machaya and Maposa were represented by Kwekwe lawyer Mr Josiniah Maupa, of Mkushi, Foroma and Maupa while the Gana brothers, Edmore and Bothwell were represented by Harare lawyer Mr Ambrose Dururu.

Mr Maupa and Mr Dururu had both in their submissions prayed for the court to pass a rehabilitative sentence, as their clients were not habitual hardened criminals.
They said if given double digit sentences, it could turn them into hardened criminals yet they were only first offenders who had been overwhelmed by emotions after losing their goods. They also pointed out that Machaya, Edmore and Bothwell Gana were church leaders who had already shown contrition even in court. The fifth and sixth persons, soldiers Gavi and Mawadze were found guilty of lesser offence of assault and were sentenced to 12 months in prison.

However, Justice Mathonsi wholly suspended the sentence on condition of good behaviour for five years.
He said it had been proven beyond doubt through evidence presented before the courts and in the statements made by Gavi and Mawadze that the two, who are both Lance Corporals in the Zimbabwe National Army did assault Chokuda while he was still at Green Diamond at Kambasha Business Centre near Gokwe town.

Justice Mathonsi said Mawadze co-operated with the court and acquitted himself well by admitting that he assaulted Chokuda before he was taken to Sizanani area by Machaya and his three accomplices.
“The unfortunate thing is that you are members of the army. You allowed yourselves to be hired soldiers. You brought the name of the army into disrepute. We cannot allow our Government institutions to be disrespected. I therefore sentence you to 12 months whollysuspended sentence in prison to deter you from such behaviour,” he said.

Gavi and Mawadze were represented pro deo by Kwekwe lawyer, Mr Jethro Nyarota of Wilmot and Bennett and Shurugwi lawyer Mr Mavese Mapfumo of Mapfumo Mavese and Partners.
Both Mr Nyarota and Mr Mapfumo had in their closing submissions pleaded to the judge for a non-custodial sentence for their clients as they had already been detained for four days following their arrest.

The Machaya case drew a full house throughout the six days when it started on Monday last week. However, yesterday, the court was filled with mostly MDC-T activists who have been trying to attach some political connotations to a case of murder. The excited crowd would make unnecessary interjections that disrupted defence lawyers when making their submissions.
Order was only restored when Justice Mathonsi warned the people to take the court seriously.