Online Reporter
Patrick Chitumba, [email protected]
THREE men from Silobela in the Midlands Province have each been sentenced to 20 years in prison for fatally assaulting a 40-year-old man from Zhombe following a misunderstanding during a beer-drinking binge.
Bornwell Matonhodze (20), Artwell Sibanda (18) and Donald Ndlovu (18) were convicted of murder and sentenced to a combined 60 years in prison for killing Josphart Ncube of Vukani Village under Chief Malisa in Zhombe.
Bulawayo High Court judge Justice Naison Chivhayo, sitting at the High Court circuit in Gweru, found the trio guilty of murder after establishing that they had acted with a common criminal purpose.
“The court’s finding is that the State has proved the murder charge beyond reasonable doubt and established the accused persons’ criminal liability through the doctrine of common purpose,” he said.
Justice Chivhayo also found that the murder had been committed in aggravating circumstances and pursuant to a common purpose.
“The three accused persons are each sentenced to 20 years’ imprisonment,” ruled the judge.
Prosecuting, Mr Michael Mhene told the court that on December 23 last year at about 11.30PM, the trio had a misunderstanding with Ncube inside Ndebele Bottle Store at BB Business Centre in Silobela.
The court heard that the three men threatened to assault Ncube, who then left the bottle store in an attempt to escape the confrontation. However, the trio followed him, with Sibanda armed with an empty beer bottle and Matonhodze carrying a Colombian flick knife.
“Realising that he was being followed, Ncube ran away but was chased by the accused and they caught up with him,” said Mr Mhene.
Matonhodze stabbed Ncube in the back of the neck, while Sibanda and Ndlovu assaulted him with empty beer bottles before abandoning him bleeding profusely. Members of the community rescued Ncube and took him to Josepha Malisa Clinic. He was later transferred to Silobela Hospital, where he died from his injuries the following day shortly after 4PM. A report was made to the police, leading to the arrest of the three men.
Ncube’s body was taken to United Bulawayo Hospitals (UBH) for a post-mortem examination, which established that he had died from haemorrhagic shock, laceration of the neck blood vessels and a stab wound to the neck.
Matonhodze was represented by Mr Xolani Moyo of Chinamatira Jonasi Nyambira and Tambanewenyu Legal Practitioners, while Sibanda was represented by Mr Tafadzwa Komboni of Dzimba Jarabaza and Associates.
Ndlovu was represented by Mr Charles Chigomere of Mutatu and Partners.
