Danisa Masuku [email protected]
TWO men who attacked a couple at a cemetery in Bulawayo’s Pelandaba suburb, killing the husband and attempting to rape his wife, have been convicted of murder by the High Court.
Nkosilathi Nyathi (34) of Mabutweni suburb and Walter Mpunzi (35) of Lobengula West suburb, were found guilty of murder by Bulawayo High Court judge Justice Munamato Mutevedzi.
Their allegedly accomplice, Nkosikhona Sibanda who was facing the same charges, was acquitted after the court found that the State had failed to prove his participation in the offences.
Justice Mutevedzi said there was sufficient evidence linking Nyathi and Mpunzi to the crimes, with the deceased’s wife providing a clear account of the attack and identifying the two men during an identification parade.
“The key witness, who is the wife of the deceased, gave a vivid description of the event and told the court that the incident happened in broad daylight and there was clear visibility. She managed to identify Nyathi and Mpunzi during an identification parade,” said Justice Mutevedzi.
The judge said the two men were not masked, enabling the witness to identify them.
However, the court found inconsistencies in the evidence concerning Sibanda’s alleged involvement.
“There were glaring inconsistencies in the evidence given by the key witness and other witnesses on how Sibanda participated in committing the crime. Due to those inconsistencies, the court finds Sibanda not guilty of murder, attempted murder and attempted rape,” said Justice Mutevedzi.
Prosecuting, Ms Elaine Kanengoni told the court that on May 12, 2021 at around 5.20PM, the couple was walking along a bushy footpath through Pelandaba Cemetery when they were confronted by the accused persons.
The court heard that the assailants were armed with an axe, a knobkerrie and a knife and demanded cash and cellphones from the couple.
The husband told them that they had left their cash and cellphones at home and had only a torch with them.
Ms Kanengoni said the response angered the assailants, who attacked the man with a knobkerrie and stabbed him under the left armpit and in the left eye.
Nyathi and Mpunzi also struck him on the forehead with an axe, inflicting a deep cut.
While one of the assailants continued attacking the man, another dragged his wife into nearby bushes, where he stabbed her in the back and used a knife to tear her underwear in an attempt to rape her.
The two later fled from the scene leaving the man injured and his wife bleeding.
Ms Kanengoni said the woman managed to walk home where she alerted neighbours who then accompanied her back to the scene to attend to the injured husband.
They rushed him to Mpilo Central Hospital but he died upon admission.
