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Mashudu Netsianda Senior Court Reporter
A Bulawayo man allegedly fatally struck his estranged wife’s boyfriend by splitting his skull open with a shifting spanner after finding him with his ex-lover. Bulawayo High Court judge, Justice Nokuthula Moyo, heard this when Arthur Sibanda, 36, appeared before her facing a charge of murdering Elvis Dube, 35, after he found him with his ex-wife, Felistus Ngwenya, 33.
Sibanda denied the charge and pleaded guilty to a lesser charge of culpable homicide and the judge reserved judgment to November 25.
Sibanda and Ngwenya had been married for 15 years until July 2013 when they separated.
Prosecuting, Thompson Hove said on April 3 this year shortly after 7PM in Entumbane suburb, Sibanda had an altercation with Dube over Ngwenya.
The altercation degenerated into a fight and Dube fled upon realising he was being overpowered. Sibanda pursued Dube while carrying a shifting spanner.
He then caught up with Dube and proceeded to assault him all over the body including the head with the spanner.
The court heard that Dube sustained injuries which resulted in his death at Mpilo Central Hospital on the same day.
Postmortem results revealed that Dube died as a result of brain haemorrhage, skull fractures and head injuries.
In her testimony, Ngwenya said her ex-husband stormed her rented home in Entumbane carrying a bag containing plumbing tools. She said Sibanda started acting in a violent manner after seeing her boyfriend in the house.
“I tried to block Sibanda from entering my yard since he wasn’t welcome and he became violent and forced himself into the house. He found Dube who was my boyfriend in the dining room together with our three children and confronted him. Sibanda then fished out a shifting spanner from his bag and struck him,” said Ngwenya.
Ngwenya said she tried to restrain her ex-husband from attacking Dube but he overpowered her and continued to attack her boyfriend and the man took to his heels.
She said Sibanda pursued Dube and caught up with him before he struck him with the spanner and cracked his skull open.
In his defence, through his lawyer, Lozithelo Mpofu of R Ndlovu and Company, Sibanda told the court he assaulted Dube in self-defence.
“I admit that we were fighting and I overpowered him. The cause of the matter is that Dube was in love with my wife since 2012 until I caught them together. He was sending my wife airtime and when I asked her about it she would say Dube was her friend and they were just sorting out some things. I admit to the charge but I was defending myself,” said Sibanda.
He accused his ex-wife of ganging up against him with her late boyfriend to attack him.
“Immediately after Ngwenya had introduced me to her boyfriend, I stood up intending to leave her house when she sprang from the chair and held me tightly on the neck before she started attacking me with fists and Dube joined her,” Sibanda said.
He said his anger was exacerbated by the betrayal by Ngwenya. He claimed he was buying her food and paying rentals despite their separation.
In his closing submissions, Hove implored the court to charge Sibanda with murder with actual intent. He argued that the fact that Sibanda targeted his blows at Dube’s head was clear testimony that he intended to kill him.
“The state prays that Sibanda be found guilty of murder with actual intent. He used force in attacking Dube which was corroborated by the post mortem report,” he said.
Hove said Sibanda was in denial after his ex-wife had decided to move on.
“Sibanda still hoped that there could be a reunion with Ngwenya and it’s that denial that prompted him to act in the manner that he did.
“The truth is that he was incensed by that his ex-wife was now in love with Dube which triggered the wrangle,” said the prosecutor.
Mpofu submitted that his client was provoked and did not kill Dube intentionally.
“Sibanda wasn’t the primary aggressor. In fact it’s the witnesses who were inclined to portray a bad picture about him. Sibanda was provoked,” he said.
Mpofu said the witnesses were motivated to exaggerate facts against Sibanda due to the relationship they had with Dube.
He also disputed that his client stormed into Ngwenya’s house.
“Ngwenya in her testimony sought to give the impression that Sibanda forced his way into her house when in fact it’s her who opened the gate for him and later on introduced him to her boyfriend,” said Mpofu.
Online Reporter