High Court Judge Justice Garainesu Mawadze has sentenced a Chiredzi man to effectively serve 20 years in jail for murdering his married lover.
Justice Mawadze sentenced Alex Muchocha (47) of Farm 28,
Hippo Valley in Chiredzi on Friday.
Mercy Mukowa, aged
between 18-21, was murdered on November 23, 2021, at Chiredzi Dumpsite.
He stabbed Mercy twice on the right thigh, once on the left
thigh and in her stomach, and she died on the spot.
Justice Mawadze said what is not clear and puzzling is how
Mercy managed to live with Muchocha and her ‘husband’ Peter Majoka (32), who
stays at shacks at Chiredzi Dumpsite separately without them suspecting her
infidelity.
Isabel Moyo of Mutendi, Mudisi and Shumba represented
Muchocha on a pro-deo basis. He tendered a limited plea for culpable homicide
and argued that he had no intention of killing Mercy.
He said he was outraged after she stole US$600 and an Itel
mobile phone and went to squander the money with Majoka.
Justice Mawadze dismissed his plea after concluding that he
was not a liable witness.
He said Muchocha told the court that he stayed with Mercy
for several months when, in fact, she lived with Majoka and only left him for
three-four days at most.
Justice Mawadze also said that Muchocha used force to stab
Mercy after the knife’s blade separated from the handle. Muchocha also failed
to prove his claim that Mercy was dating three men.
Muchocha also alleged that Mercy stole money and his mobile
phone in court but did not mention it in his warned and cautioned statement.
He also did not show remorse and blamed Mercy for adultery
which incensed him.
Majoka testified in court and said Muchocha once visited
the couple and introduced himself as Mercy’s uncle. He, therefore, played
second fiddle and could not be incensed by her adultery, said Justice Mawadze.
“A defence of provocation is not available to you. At most,
it can be mitigatory. You had the intention to kill her. Consequently, our view
is that you are guilty of murder with actual intent. Falling in love does not
warrant a death penalty,” said Justice Mawadze.
Circumstances are that on the day, Muchocha went to
Chiredzi Dumpsite, where he found Mercy and Majoka sitting with Chipo Msipa.
He approached them with caution, holding an okapi knife.
Majoka saw him in the darkness and ran to alert other dumpsite residents.
Mercy failed to run, and Muchocha stabbed her twice on the right thigh, once on the left thigh and stomach. She died on the spot, and Muchocha fled the scene.
Police arrested him the next day. Edwin Mbavarira
prosecuted. Masvingo Mirror
0 comments:
Post a Comment