THE man who wrestled and killed a leopard to death, after
it attacked him while on an amacimbi harvesting expedition in January and was
later charged for killing the predator has applied for an application for
discharge arguing that he killed the animal in self-defence.
Abednigo Moyo from Halale Village in Matobo District near
Njelele shrine, Matabeleland South, filed the application through his lawyer Mr
Prince Butshe Dube of Mathonsi Law Chambers, who maintained that Moyo had not
committed a crime, as indicated by the State but killed the animal in
self-defence.
He appeared before Plumtree magistrate Miss Sthembiso Ncube
on Friday who postponed the matter to 10 March for a ruling. Moyo is being
charged for contravening section 59 (2) of the Parks and Wildlife Act.
In his submissions Mr Butshe Dube argued that the leopard
was killed in defence of human life in Mr William Ncube’s farm called Mgumela,
which he leases from Matobo Rural District Council.
“The State initially alleged that the offence occurred at
Mgumela Farm but after I produced lease documents for Mgumela Farm, the State
then spun around and said the leopard was actually killed at Duta Farm. Parks
officials who are key witnesses were never shown the exact spot. In the absence
of evidence proving that the leopard was killed at Duta Farm, there was no
prima facie necessitating the putting of Moyo to his defence,” said Mr Butshe
Dube.
He said Moyo was seriously injured and was immediately
taken to hospital by other accused persons, Isaac Moyo and Walter Ncube, while
one Majoni Dube and William Ncube the owner of Mgumela Farm ferried the dead
leopard to his homestead.
“He (Ncube) is aged 84 and went on to advise Matobo Rural
District Council, who, however, indicated they had no transport to go to his
farm.
“In terms of section 59 (4) of the Parks and Wildlife Act
chapter 20:14, it states that the appropriate authority of land can remove any
carcass of any animal from his land and that as long as the carcass was removed
within the leased farm no offence was committed,” argued Mr Butshe Dube.
Miss Rosemary Mbeure prosecuted. Moyo made international
headlines after he wrestled with a leopard which he miraculously fended off by
choking it.
Mr Moyo outfoxed the predator by shoving his hand into its
mouth in an attempt to block its windpipe.
His brother who was nearby later axed the animal to death.
Sunday News
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