A MAN from Hwange who fatally struck his neighbour with an
iron bar 10 years ago during New Year celebrations following a dispute over a
missing identity card, has been sentenced to an effective 12 years in jail.
Worried Ncube (33) fatally attacked Mr Godfrey Tshuma (28)
of Tshingababili in Plumtree in January 2009 after he was accused of stealing
an identity card belonging to the deceased.
Bulawayo High Court judge Justice Maxwell Takuva convicted
Ncube of murder with constructive intent. In passing the sentence, Justice
Takuva took into consideration the delay by the State in bringing Ncube to trial
and other mitigatory factors.
“There was an inordinate delay of almost 10 years, which
the State failed to explain and that in itself is a mitigatory factor.
“The picking of the iron bar by the accused person was by
chance and it was not premeditated and the court also noted that the accused
was provoked by the deceased’s conduct which shows that he was drunk,” said the
judge.
Justice Takuva however, condemned Ncube’s conduct, saying
the courts have a duty to protect the sanctity of human life.
“In aggravation, we note that a life was unnecessarily lost
and the courts have a duty to protect the sanctity of human life.
“An appropriate sentence should strike a balance between
the interests of justice and of society.
“In casu, there were strong mitigatory factors that warrant
lenience and accordingly, you are sentenced to 12 years in jail,” ruled the
judge.
Prosecuting, Mr Trust Muduma said in January 2009 at around
7PM, Mr Tshuma went to Mr Moses Basuthu’s homestead at Thornwood West in Colleen
Bawn for New Year celebrations.
An hour later, Ncube and his cousins proceeded to the same
homestead where they met the deceased.
“The accused person later left the homestead leaving the
deceased and others at the celebration party.
“Hours later, the host of the party ran out of fuel to run
his generator and he switched off the radio prompting the revellers to leave
the place,” said Mr Muduma.
Mr Tshuma and his friends went to neighbouring Chinden
Compound where they intended to continue with their New Year celebrations.
“On arrival at Chinden Compound, Mr Tshuma noticed that his
identity card was missing from his pocket.
“He returned to Mr Basuthu’s homestead to look for it and
failed to find it,” said Mr Muduma.
Mr Tshuma went to the accused person’s homestead and
confronted him over his missing identity card.
Ncube denied stealing the identity card and an altercation
ensued between the two men.
The accused person picked up an iron bar and struck Mr
Tshuma once on the forehead and he fell down and died on the spot. A report was made to the police leading to Ncube’s arrest.
Ncube, through his lawyer, Mr Abednico Ndebele of Mathonsi
Ncube Law Chambers, said he acted in self defence after he was provoked by the
deceased.
He told the court that Mr Tshuma stormed his bedroom while
he was sleeping and attacked him. Chronicle
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