Self defence in-law killer a free man

Walter Mswazie, Masvingo Correspondent
A MWENEZI man accused of allegedly striking his “aggressive” brother in-law to death with a log in a beer brawl walked away a free man after the Masvingo High Court concluded that he acted in self-defence.

Runesu Tafirei (41) of Gavure Village under Chief Chitanga fatally struck Benias Mutovo, his brother in-law who was 43 years old at the time of his death, with a log following a dispute over some beer reserved for the village head.

Represented by Mr Derick Charamba of Mutendi Mudisi and Shumba Legal Practitioners, Tafirei argued that he acted in self-defence as the deceased had followed him to his homestead and attacked him first.

Appearing before Judge Justice Joseph Mafusire, Tafirei pleaded not guilty to murder.

Justice Mafusire said Tafirei deserved to be set free at the close of the State case.

“Considering the defence counsel’s submissions, the court came to the conclusion that during the material time, the accused attempted to run away from the deceased who kept on following him intending to stab him with a knife. This gives an indication that the deceased was the aggressor who unfortunately ended up being a victim of circumstances. The way the accused committed the crime and the weapon used does not show that he had the intention of committing murder. He acted in self-defence, therefore the court finds him not guilty of murder,” said Justice Mafusire.

For the State, Mr Elson Chavarika said on August 16 last year at around 4 PM, Tafirei and Mutovo were at a homestead in their village drinking traditional beer with other patrons.

A dispute ensued between the two over some beer reserved for the village head and it degenerated into a fight.

The court heard that Tafirei and Mutovo were restrained by other patrons and Mutovo went away and came back to the homestead armed with a knife.

Tafirei had already left and Mutovo followed him to his homestead. Upon seeing Mutovo, the court heard, Tafirei took refuge in his kitchen hut but later bolted out after realising that Mutovo was still advancing towards him.

Mutovo is said to have continued following Tafirei brandishing the knife as he ran around a scotch cart. He later ran into a bedroom before dashing outside the homestead as Mutovo continued pursuing him, threatening to stab him.

The accused later got tired and stopped.

He picked a log and struck the advancing Mutovo on the head and he died on the spot.

After committing the crime, Tafirei handed himself to Mwenezi police leading to his arrest on murder charges.

@walterbmswazie3