A MUTASA magistrate has ruled out foul play in Livingstone Sunhwa’s death and concluded that he took his own life.
Livingstone was a Form Four student at St Mathias High
School in Mutasa District when he disappeared from the institution on December
16, 2021.
His remains were found six months later. As a result, and
following orders from the Prosecutor-General’s Office, an inquest into his
death was ordered at Mutasa Magistrates’ Court, particularly in view of his
sister’s statement to the police.
Livingstone’s sister, who was also attending school at St
Mathias High School, claimed that she saw her brother being assaulted by the
police before his disappearance.
In his ruling, presiding magistrate Mr Artwell Sanyatwe
said the availed evidence suggested suicide by hanging as testified by the
police.
“There is no doubt that Livingstone exhibited signs of
truancy, which in my view contributed to his demise in this instance. He either
could not stand the embarrassing conduct of being arrested at the school in
full view of his peers or feared the worst, hence his decision to take his own
life,” he stated.
Mr Sanyatwe added: “Detectives who dealt with the matter
both testified on the findings at the scene of the recovered human remains
which they said were found about a kilometre from St Mathias Tsonzo High School
in a secluded and bushy area.
“A piece of cloth was found hanging from a tree, which
matched a broken piece of cloth found among human remains or bones. Tests were
conducted to establish whether these were Livingstone’s . Their evidence was
corroborated by expert tests and analysis, although the cause of death could
not be ascertained.
“With that in mind, the only logical conclusion that may be
drawn is that the cause of death was due to suicide by hanging.
“The chain of events taken cumulatively from the time of
the deceased’s arrest, being taken to the police station, then back to the
school and leaving the dormitory on the following morning supports that
conclusion or the findings above,” he said.
Mr Sanyatwe said it was important to address Livingstone’s
behaviour.
“Most of the witnesses who testified before me appeared to
turn a blind eye to Livingstone’s behaviour and character. Evidence which
emerged from this inquiry suggests that the deceased lacked parental care.
“He was previously expelled from his former boarding school
before being enrolled at St Mathias Tsonzo High School. He was expelled from
that school having stolen some food from the school’s dining room.
“He also went missing from that school, only to be found
after two days loitering outside the school premises. This was exactly his same
conduct at St Matthias Tsonzo High School. There is no doubt that he exhibited
signs of truancy, which in my view contributed to his demise,” he said.
Mr Sanyatwe said his assessment of Livingstone’s sister’s
statements in court and to the police suggests that there were two versions of
the same story.
“The statement to the police alludes to the use of a police
button stick in beating Livingstone several times on the back. It also suggests
this happened in her full view and in the staffroom.
“On the other hand, her testimony in court suggests
otherwise, that she did not perceive or witness them going to the dormitory and
could see her brother, Livingstone, being beaten and thereafter could not see
him until after night studies when she saw him talking to the school
headmaster,” he said.
Mr Sanyatwe said he had a torrid time in directing
litigants on the objective or purpose of the inquest as most thought that the
purpose was to find the killer.
“The minor sister’s statement was critical as it appears to
point to foul play, hence its analysis and assessment was paramount in the
determination of this matter.
“The rationale being that all other witnesses’ statements
did not point directly to suspected foul play as they were either not present
at the school upon the deceased’s arrest, or did not perceive anything which
suggest foul play,” he said. Manica Post
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