adminMashudu Netsianda Senior Court Reporter
A BEITBRIDGE man who knifed his neighbour to death following a dispute during a beer drink was yesterday sentenced to a wholly suspended jail term after spending 14 years awaiting trial.
James Matoli (56) from Toporo Village had a quarrel with Hendrick Ndou (25) a neighbour and friend which resulted in a fight while they were drinking traditional beer.
Matoli pulled out a knife and stabbed Ndlovu once on the left thigh and he bled to death.
Bulawayo High Court judge Justice Nokuthula Moyo convicted Matoli of culpable homicide and sentenced him to five years in jail which was wholly suspended for five years on condition that he does not within that period commit a similar crime.
In her judgment, Justice Moyo said the evidence before the court showed that the elements of murder were non-existent.
“We find that the essential elements of murder are non-existent and accordingly we find accused not guilty on the charge of murder but we convict him of a lesser charge of culpable homicide,” ruled the judge.
In passing sentence, Justice Moyo noted that Ndou had spent 14 years while waiting for his trial.
“Accused has been waiting for justice for 14 years through no fault of his own. He could have been prosecuted when he was still younger but sadly he had to wait for justice until late age,” said the judge.
Justice Moyo said the courts frown upon loss of life.
“The deceased was the aggressor and both men were intoxicated. The court frowns upon the loss of life over petty issues. The deceased died at a tender age and a young life was unnecessarily lost due to negligence and because of the delay in your trial you will get a discounted sentence,” ruled the judge.
Prosecuting, Mrs Sifiso Ndlovu-Sibanda said on July 25 in 2002 shortly after 9PM, the two men were at a neighbour’s homestead drinking traditional beer with other villagers.
The court heard that Matoli stood up intending to return to his home when Ndou started shouting at him.
“The move did not go down with Ndou who started shouting at him. He demanded to know why Matoli was leaving early but there was no response from the accused,” said Mrs Ndlovu-Sibanda.
The court heard that while Matoli was on his way home, Ndou followed him and an argument ensued resulting in a fight.
Matoli took a knife from his pocket and stabbed Ndou on the left thigh. Ndou managed to limp back to the drinking spot and the other villagers carried him home where he died the same night. A report was made to the police leading to Matoli’s arrest.
In mitigation, Matoli through his lawyer, Mr Thulani Ndlovu of Sansole and Senda Legal Practitioners, pleaded for leniency, saying he was a breadwinner looking after his wife and six children.
Online Reporter