Shepherd Moyo, then aged 34, and his accomplice Prosper Sikhosana, who was 26, had pleaded not guilty to murder when they appeared in court on Tuesday but Justice Ndou, sitting with assessors Messrs Jameson Lex Dhlula and Wellington Takawira Matemba found the pair guilty of murder with constructive intent.
The court found extenuating circumstances in that he had been convicted of murder with constructive intent.
Moyo and Sikhosana, who are both from Torwood Suburb in Redcliff, were represented pro deo by Ms Chipo Dube of Chitere, Chidawanyika and Partners and Mr Passmore Mabukwa, of Mabukwa and Associates respectively.
Appearing for the State, Mr Samuel Pedzisai said on 4 March 2010, the now deceased Mr Mathew Maja, who was aged 37, returned to his coal that he had sold to Mr Morris Mukurakudya.
Upon his return, Mr Maja went to Chisi Bottle Store at around 7.15pm for a beer drink.
He met his workmate, Mr Clever Muchanyu, and the two shared the money which he had collected from Mr Mukurakudya since they had sourced the coal together.
Later that evening, the court heard, Mr Maja and Mr Muchanyu left Chisi Bottle Store and went to Matikaha Nightclub in Torwood, Redcliff, where they continued drinking.
Mr Pedzisai said while the two were drinking, they were approached by Moyo who asked them to buy him some beer.
He said Mr Maja gave Moyo $2 which he then used to buy two pints of beer and the three started drinking together.
At about 8.15pm, Mr Muchanyu left the nightclub for his home leaving Mr Maja and Moyo playing a game of draft.
Sikhosana later arrived at Matikaha Nightclub and joined Mr Maja and Moyo and they continued drinking beer together.
Mr Maja is the one who was buying beer for Sikhosana.
At about 1am, the nightclub closed and Mr Maja, Moyo and Sikhosana left the nightclub and started walking to their respective homes.
Mr Maja’s wife, Ms Thokozile Ruzibe, heard the deceased crying out for help. She attempted to proceed to where Mr Maja was but Moyo and Sikhosana threw bottles at her and she retreated into the house.
Shortly after, Ms Ruzibe came out of the house in the company of her neighbours and went to the scene.
She discovered her husband lying unconscious on the ground.
Mr Maja was taken to Kwekwe General Hospital where he was pronounced dead on arrival.
Moyo and Sikhosana were laterarrested.



