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Lindani Dube Court Correspondent
A HIGH Court judge yesterday bemoaned loss of lives in Matabeleland North saying most people were killing each other over petty disputes.Bulawayo High Court judge Justice Andrew Mutema said the prevalence of murder cases in the province was disturbing.
“The court is disturbed by the prevalence of people killed over petty disputes which don’t warrant the death result hence the need to deter like-minded would-be offenders through sharp sentences,” said Justice Mutema.
He was passing sentence on three Tsholotsho men appearing before the Hwange High Court circuit accused of murder.
The trio was sentenced to 10 years in prison each for beating to death Shepherd Ndebele under the influence of alcohol for not producing identification documents after alleging that he was a thief.
Atlas Elias Moyo, 37, Makhula Ncube, 28, and Liketso Moyo, 24, all from Gotshani area in Tsholotsho, pleaded not guilty to murder and were convicted of culpable homicide.
Justice Mutema, with assessors Elias Ndlovu and Elizabeth Chazanga agreeing, sentenced the trio to ten years in prison each and conditionally suspended two years for five years.
Prosecuting, Whisper Mabaudhi told how on January 8 this year the trio was drinking beer at Gandisa Business Centre when Moyo and Ncube left for home leaving behind Liketso who later joined them.
He said the duo met Ndebele along the way who was carrying a bag full of clothes and blankets and asked for his identity particulars, which he failed to produce.
“Moyo and Ncube began to slap Ndebele with open hands on the head and face several times and force-marched him to Moyo’s home while taking turns to assault him along the way,” said Mabaudhi.
“Upon arrival Liketso joined the duo in further beating up Ndebele with fists and open hands.”
Ndebele bled profusely from the nose and mouth until he lost consciousness. Moyo kicked him on the neck with a booted foot causing him to fall down and die, the court heard.
Justice Mutema said people should stop blaming alcohol for their heinous activities.
“As law abiding citizens you were supposed to take him to the police for your suspicions as you had time to reflect on your actions. So you can’t blame alcohol if you are incapable of controlling your actions that have led to the loss of a precious life,” he said.
The trio was represented by Tonderai Mukuku of Marondedze and Mukuku Legal Practitioners.
Online Reporter