THE High Court has barred the Airforce of Zimbabwe pilot,
who fatally assaulted his Gweru-based girlfriend last year for allegedly
cheating on him with his colleague, from approaching the Supreme Court to
challenge his conviction and sentence.
Tashinga Musonza (29) was in July this year convicted of
murder with constructive intent by Bulawayo High Court judge, Justice Nokuthula
Moyo, in connection with the death of Ms Lucy Duve (37) in a crime of passion
in November last year.
He was sentenced to an effective 20 years in jail. In
dismissing Musonza’s application for leave to appeal against both conviction
and sentence, Justice Moyo ruled that it lacked merit.
“This application as I have shown herein was launched
without much thought and attention to detail. It is an application devoid of
merit and totally hopeless. There are absolutely no prospects of success in
this matter against both conviction and
sentence and accordingly, I dismiss the application,” ruled Justice Moyo.
The judge said the totality of the circumstances of the
case justify the sentence given the brutal nature of the assault on Duve as
indicated in the postmortem report.
Musonza, through his lawyers Chihambakwe Mutizwa and
Partners, filed an application before the same judge challenging his conviction
and sentence, citing the State as a respondent.
He sought leave to appeal at the Supreme Court in terms of
Order 43 Rule 262 of the High Court Rules.
In his grounds of appeal, Musonza argued that the court
erred by convicting him based on circumstantial evidence as it had been not
proved that the fatal blow came from him.
Musonza’s lawyers said the sentence imposed on their client
induced a sense of shock.
“The court erred in placing less weight on mitigating
circumstances such as intoxication and provocation thereby giving the accused
person an excessive sentence that induces a sense of shock,” argued the
lawyers.
The lawyers further argued that the court erred in finding
that the deceased left the airbase in good shape.
“No such finding was made as the judgment clearly shows
that the deceased was assaulted at the airbase when George Makwenjere described
how she sat back in the car before accused drove off with her. This court never
made the finding being challenged herein,” said Musonza’s lawyers.
According to court papers, it was stated that on November
25 last year, Musonza went to their lodgings at around 10PM and found Ms Duve
asleep.
He accused her of cheating on him with his workmate, Mr
George Himalaya Makwenjere.
The two drove to Josiah Tungamirai Airbase since Musonza
wanted the matter clarified.
They awakened Ms Duve’s alleged lover who denied being in a
relationship with her.
Musonza became furious and started assaulting his
girlfriend.
Mr Makwenjere tried to restrain him but was overpowered
before he ran away to seek assistance from colleagues.
Upon their return they found Ms Duve lying unconscious in a
pool of blood. Musonza later drove Ms Duve to Clay Bank Hospital in the company
of two of his colleagues and a Ms Moyo.
She was pronounced dead on arrival at the hospital leading
to the arrest of Musonza.
The postmortem report states that Ms Duve had a fractured
skull, blood clots in her brain and that her lungs were affected by the attack,
among other injuries. Chronicle
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