adminLeonard Ncube Court Reporter
TWO murder suspects who allegedly waylaid a United College of Education female student, assaulted and raped her until she lost consciousness before allegedly stoning her male companion to death had their attempt to fight for freedom quashed yesterday.
Shadreck Noel Sibanda and Njabulo Ndlovu had through their pro deo lawyers, Innocent Mafirakureva and Walter Nyabadza, made an application to subpoena a witness, Melody Mthokozisi Tshuma to testify.
According to statements made to the police, Tshuma allegedly spotted the two accused behind UCE on March, 9, 2011.
However, Justice Nicholas Ndou, who is back on the bench to deal with partially heard matters, dismissed the application saying the State had made every effort to locate Tshuma but to no avail.
Justice Ndou, sitting with Phanuel Damba as an assessor, said the investigators had testified in court that Tshuma’s whereabouts were unknown.
Tshuma’s last known address was a squatter camp behind UCE and could not be located at his rural home in Insuza.
Justice Ndou said according to law, the court was supposed to use its discretion and proceed with the matter if after one year, a witness had not been located.
Whisper Mabhaudhi, from the Attorney General’s Office submitted that it was not disputed that the two-Sibanda and Ndlovu were linked to the case as the victim had positively identified them.
The two have since been sentenced to 20 years each in respect of the rape charges.
Mabhaudi said by admitting to the rape charges, the two accused persons were linked to the murder of Themba Mafunga.
Mafunga was employed at the student’s house as a security guard and would accompany her to college because of criminals who were reportedly on the prowl around the college.
The State counsel submitted that Sibanda of Nguboyenja and Ndlovu of Cowdray Park should be found guilty of murder with actual intent.
The two lawyers submitted that their clients were assaulted by police to force them to admit to the rape charges.
They said Sibanda and Ndlovu never committed the offences, adding that they were nowhere near the scene on March 9, 2011.
The matter continues today.
It is alleged that on March 9, 2011, at about 5pm, at a bush behind the UCE campus, the student, 29, and Mafunga were walking along a gravel road behind the college campus to Highmount.
Sibanda and Ndlovu allegedly emerged from the bush and drew knives which they used to threaten the two before assaulting them with fists and booted feet.
It is alleged that they force-marched them into the bush where they allegedly assaulted Mafunga with a stone and he fell down.
He died on the spot as a result of the assault.
After raping the woman, the court heard, Sibanda and Ndlovu fled from the scene leaving her unconscious.
She had, however, positively identified Sibanda and sought help from passersby who assisted her to make a report to the police when she later regained consciousness.
She gave a convincing description to the police leading to Sibanda’s arrest.
Sibanda implicated Ndlovu after his arrest.
In their defence, the two said they were drinking beer at Waverly Hotel at the time it is alleged that they committed the offence.
Online Reporter