New year’s eve killer jailed 10yrs

Chronicle (Zimbabwe) - - National News - Mashudu Net­sianda Se­nior Court Re­porter

A BU­L­AWAYO man, who bashed a drink­ing mate to death for re­turn­ing an in­sult dur­ing a New Year’s Eve cel­e­bra­tion, was yes­ter­day sen­tenced to 10 years in jail.

Linda Geshom Tyren (35) of Njube sub­urb punched and kicked Jab­u­lani Phiri (44) un­til he lost con­scious­ness. Phiri suc­cumbed to the in­juries a week later.

Bu­l­awayo High Court judge Jus­tice Martin Makonese con­victed Tyren of cul­pa­ble homi­cide and sen­tenced him to 10 years in prison.

The judge sus­pended two years of the sen­tence for five years on con­di­tion that Tyren does not within that pe­riod com­mit a sim­i­lar crime.

In pass­ing sen­tence, the judge said Tyren’s moral blame­wor­thi­ness was high since he was the ag­gres­sor.

“The ac­cused was the ag­gres­sor when he ut­tered ex­tremely de­mean­ing and provoca­tive words which are not ex­pected from a rea­son­able per­son. You as­saulted the de­ceased in a reck­less fash­ion,” said Jus­tice Makonese.

He said Tyren’s con­duct was de­plorable and urged peo­ple to re­solve dis­putes in an am­i­ca­ble man­ner.

“What makes this crime de­plorable is the fact that de­ceased died for no ap­par­ent rea­son. Vi­o­lence will not be tol­er­ated by our courts and a prison term is cer­tainly un­avoid­able in such cir­cum­stances,” ruled Jus­tice Makonese.

Prose­cut­ing, Mr Whis­per Mabaudhi said on De­cem­ber 31, 2013 shortly af­ter 9PM, Phiri was cel­e­brat­ing New Year’s Eve with his friends at Hol­ly­wood Build­ing in Bu­l­awayo.

The court heard that Phiri went to buy beer at a nearby su­per­mar­ket and on his re­turn he found Tyren who was also drink­ing beer at the same build­ing.

“When the ac­cused saw the de­ceased ap­proach­ing, he ver­bally in­sulted him. The de­ceased re­sponded by in­sult­ing Tyren us­ing the same words,” said Mr Mabaudhi.

Tyren was an­gered by Phiri’s re­ac­tion to the in­sults and he ad­vanced to­wards the de­ceased.

Sens­ing dan­ger, Phiri apol­o­gised but the Tyren ig­nored him and started as­sault­ing him.

Phiri’s friends in­ter­vened and re­strained Tyren be­fore they left the scene. The court heard that a few min­utes later, Tyren teamed up with one Fun­gai Ncube who is still at large and they con­fronted Phiri ac­cus­ing him of dis­re­spect­ing them.

“The ac­cused and Ncube as­saulted Phiri and left him ly­ing un­con­scious on the ground,” said Mr Mabaudhi.

An am­bu­lance took him to Mpilo Cen­tral Hospi­tal where he was ad­mit­ted be­fore he died on Jan­uary 8, 2014 due to in­juries sus­tained as a re­sult of the at­tack.

Ac­cord­ing to post-mortem re­sults the cause of death was due to brain haem­or­rhage, head in­juries and trauma.

Tyren, through his lawyer Mr Wish Ndongwe of Mashayamombe and Com­pany At­tor­neys, pleaded for le­niency, say­ing he was re­morse­ful for his ac­tions.

He said he was a bread­win­ner look­ing af­ter his sib­lings and grand­par­ents — @mash­nets

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