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past 15 years without knowing his fate following failure by High Court Judge Charles Hungwe to sentence him over the past 10 years.
Mutsinze was arrested and convicted of car theft in 1998 and sentenced to six years and eight months, and while serving his sentence he was tried on other charges of murder and armed robbery committed in 1998. Justice Hungwe presided over the trial that began in 2002 before it was concluded in March 2003.
Mutsinze was convicted of murder with actual intent, extenuation was done before the matter was remanded to another day for sentencing. Justice Hungwe is said to have retained the court record which has not been seen again.
Meanwhile the accused has been languishing in remand because the matter is considered partially heard since it did not go for sentencing.
To compound Mutsinze’s woes, the tapes pertaining to the case were also erroneously erased before the matter was completed making the production of a duplicate record virtually impossible.
Mutsinze’s Wedza homestead is now deserted after the death of his eldest son, Moses, who gulped poison in November last year.
At the time of Moses’ death, his mother had eloped to another man in Chiendambuya and Mutsinze’s youngest wife Farirai Nyambo had also re-married.
Ms Nyambo is now living in South Africa with her new husband.
Mutsinze’s first wife died in 2003.
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Moses, a Grade Seven drop-out who was in his mid 20s, reportedly lived a stressful life as he could not obtain either a birth certificate or a national identity card required by the security personnel at the Harare Remand for him to visit his father.
He could not even apply for a job without these basic documents.
Moses was staying alone at his father’s dilapidated homestead in Bhuka village near Wedza Centre after his mother eloped to another man in Chiendambuya.
Mutsinze’s cousin Mr Webster Mutemachoto said Moses took his own life after failing to handle his stressful life.
“Moses came from Chiendambuya where his mother had married another man. He could not stay with a stepfather probably due to his age,” said Mr Mutemachoto.
“We allowed him to stay at his father’s homestead, the one that was built by our late father and he stayed there.
“He had wanted to see his father, but he could not do anything because he did not have an identity card. We tried to assist him to get one, but we failed.”
Mr Mutemachoto added: “It affected him so much and he could not even find a job. He stayed there hoping his father would come back from prison, but unfortunately he died before his return.”
Some of Mutsinze’s 10 children, many of whom dropped out of school due to financial constraints, are scattered all over the country.
A visit by The Herald to Mavhunga village in Chihota where three of Mutsinze’s children with his first wife stayed with their late mother’s relatives, revealed that the trio did not complete school.
Ambuya Edith Mhumi (70) nearly broke down as she narrated the challenges she faced in raising the children after their father’s incarceration and the subsequent death of her daughter (Mutsinze’s first wife) in 2003.
“I have been struggling with the children. I tried my best to send them to school but they could not finish due to financial challenges.
“Their mother died in 2003 and the problems became worse. Prosper (eldest of the three) dropped out of school in Form 2. Native left school while in Form 3 while their sister Caroline only got to Form One.
“The girl later moved out to stay with her husband and nothing much was paid. Prosper left home and I am told he is working somewhere in Beatrice. I am only left with Native, who is staying with me here.
“As you can see, I am now old and I am a widow, I cannot afford to buy him any clothes or enough food,” said Ambuya Mhumi.
Ambuya Mhumi’s relatives assisted the three children to acquire birth certificates and national identity cards and they are using their maternal relatives surname.
Mutsinze’s case has raised a storm with members of the public on Monday calling for a review of the judiciary saying Justice Hungwe’s failure to sentence the man was tantamount to a miscarriage of justice.
Online Reporter