AN Airforce of Zimbabwe pilot who fatally assaulted his
Gweru-based girlfriend last year for allegedly cheating on him with his
colleague was yesterday sentenced to an effective 20 years in jail.
Tashinga Musonza (29) was 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.
In passing the sentence, Justice Moyo ruled that the murder
was not committed in aggravating circumstances.“It would not be fair in our view to infer torture as the
State relied on circumstantial evidence as there was an absence of information
on how the assault was perpetrated. Severe assault cannot be classified as
torture and clearly, this is not a murder proven to have been committed in
aggravating circumstances,” said the judge.
Justice Moyo said the manner in which Musonza murdered the
deceased was brutal warranting a lengthy prison term.
“In this case the mitigation does not give any peculiar
circumstances that warrant this court to tamper justice with mercy. The accused
person assaulted a defenceless woman in a rather brutal manner. The brutality
of the assault as evidenced by the postmortem report and lack of contrition on
the part of the accused person will guide this court to settle for the upper
range of the bracket in sentencing in such cases. It is for these reasons that
the accused person is sentenced to 20 years in jail,” ruled the judge.
In mitigation through his lawyer, Mr Kalvern Tundu of
Chihambakwe Mutizwa and Partners, Musonza pleaded for lenience, saying his
parents died and was the sole breadwinner taking care of his ailing
grandparents and his own siblings, including members of his extended family.
Chief Public Prosecutor Mrs Tariro Rosa Takuva said on
November 25, 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 woke up Ms Duve’s alleged lover who denied
being in a relationship with her.
Musonza got 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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