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Mashudu Netsianda, Senior Court Reporter
A GWANDA man who slit another man’s throat with a knife for rebuking him when he spotted him caressing his daughter was yesterday sentenced to 33 years in jail.
Bulawayo High Court judge Justice Lawrence Kamocha convicted Forward Maphala, 30, of Sukwi village of a murder charge in connection with the death of Sarayi Ndlovu,40, of Tibeli Village.
Justice Kamocha’s ruling immediately drew the ire of Maphala’s lawyer, Advocate Samp Mlaudzi, who promptly applied for leave to appeal against both conviction and sentence before the judge in terms of Order 43, Rule 262 of the High Court Rules.
The emotional charged Adv Mlaudzi accused Justice Kamocha of bias against his client.
He argued that the judge in his findings erred in his analysis of the state evidence by concluding that there was an altercation between Maphala and Ndlovu.
“The state through the evidence presented to the trial court has not proved its case beyond reasonable doubt because the only evidence about how Ndlovu met his death as adduced through the one and only witness, Thando Chinangana and her oral evidence, differ in material issues,” argued Adv Mlaudzi.
He said the court did not apply its mind to the contradictions of the evidence of Chinangana hence it did not take them into account in coming up to the conclusion that Maphala was guilty of murder.
Adv Mlaudzi also accused the judge of inclining himself to the state case.
“The state failed or neglected to avail Maphala’s witness who witnessed Ndlovu fall in his chase of Maphala,” he further argued.
The visibly angry Justice Kamocha retorted: “This is unacceptable (Mr) Mlaudzi. You cannot accuse this court of bias simply because you failed to bring your witness to court. You accuse the court of being biased because it rejected your client’s story. It is not the duty of the state to conduct the defence case and equally it is unfair to say Maphala was not permitted to call his witness.”
Justice Kamocha went on to ask Adv Mlaudzi to provide three references on which the alleged bias was premised on and the lawyer failed to answer the question insisting that the judge was biased in his judgment.
Soon after the sentence, the agitated Adv Mlaudzi sprang up from his chair and confronted the judge’s clerk and demanded to engage the judge in chambers.
Justice Kamocha later dismissed the application saying Maphala did not highlight the alleged contradictions by the witness during trial. He maintained that Maphala was convicted on the strength of the evidence given in court.
“The application for leave to appeal is clearly devoid and hereby dismissed,” ruled Justice Kamocha.
In passing sentence, Justice Kamocha said Maphala was a ruthless man who showed no remorse.
“There is little that can be said in favour of Maphala who is in that age group that continues to cause untold suffering during beer drinking. These young men who are in their 30s are in the habit of causing unnecessary violence at the slightest provocation,” said the judge.
“This is a bad case of murder where Maphala killed Ndlovu like a person slaughtering a sheep or goat in the rural areas. He cut his throat and after that he fled with the weapon and for that horrendous murder you deserve to be sent to prison for 33 years,” ruled Justice Kamocha.
Prosecuting, Whisper Mabaudhi said on New Year’s Day in 2013 shortly after 11PM, Ndlovu went to Tibeli Business Centre to look for his children who had taken too long to return home.
When Ndlovu arrived at the business centre, he saw his daughter Siyeyisiwe Moyo,18, being caressed by Maphala.
Ndlovu then rebuked Maphala for displaying disrespect and unbecoming behaviour.
Maphala pretended to apologise while drawing closer to Ndlovu. He produced an Okapi knife and stabbed Ndlovu once on the right side of his neck.
The court heard that Ndlovu bled profusely and died on the spot while Maphala ran away from the scene, but was later arrested.
According to the post-mortem results, pathologists concluded that the cause of Ndlovu’s death was haemorrhage shock, perforated neck vessels, sharp force trauma and homicide.
Online Reporter