THREE MDC Alliance hooligans who killed a Zanu-PF supporter
who was celebrating the party’s victory in the 2008 Presidential
elections have been sentenced to a combined 10 years in jail after they were
convicted of culpable homicide.
The three – Cleopas Ngwenya (70), Owen Ngwenya (37) and
Gilbert Nkomo (65) — all of Jamu village under Chief Chireya in Gokwe North,
appeared before Bulawayo High Court Judge, Justice Maxwell Takuva, sitting in
Gweru.
They were convicted on their own plea of guilty to culpable
homicide. Cleopas and Nkomo were sentenced to four years each that were wholly
suspended on condition of good behaviour while Owen was sentenced to two years
in jail of which one year was also suspended on condition of good behaviour.
In passing the sentence, Justice Takuva said in view of
their age groups, the first and third accused persons are now in the twilight
of their lives therefore it would not serve any purpose to give them a
custodial sentence.
He said in the same vein, the second accused person should
not get a sentence which is substantially different from that imposed on his
co-accused persons.
Justice Takuva said the court also considered that the
accused persons were prejudiced by the delay in prosecution by the State which
took 11 years to try the matter.
He said the court also considered that the offence was
committed in 2008 at the height of political tensions.
“In passing the sentence, the court considered that the
accused persons are first offenders and they pleaded guilty. The accused
persons also have families to look after. The first accused person is
70-years-old while the second accused person is now 65. Both are in the
twilight of their lives.
“The offence was committed as a result of political
violence. The deceased was a Zanu-PF member and the accused persons are MDC
supporters. It was committed during the 2008 harmonised elections where
political violence was rife. The deceased person was celebrating the victory of
his party together with his colleagues. We considered that he was aggressive,”
said Justice Takuva.
“We also considered that there was a delay in the
prosecution of the matter. We also want people in the rural areas to learn to
be able to live with their neighbours who also support other political
parties”.
It was the State’s case that on 30 June 2008 in Jamu
village in Gokwe North, the now deceased, who was a Zanu-PF member, went to
Cleopas’ homestead singing revolutionary songs denouncing him.
The deceased and his colleagues who were armed with
knobkerries also demanded that Cleopas and his family vacate their homestead.
A fight ensued resulting in the deceased being fatally
assaulted. Herald
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