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Tshuma will serve an ef­fec­tive five years in prison af­ter Jus­tice Bere sus­pended three years for five years on con­di­tion that he does not within that pe­riod com­mit a sim­i­lar crime.

In pass­ing the sen­tence, Jus­tice Bere said Tshuma’s con­duct was de­plorable and reck­less.

“The man­ner in which you chas­tised your daugh­ter was ex­ces­sive and bor­dered on reck­less­ness. The lit­tle girl was de­fence­less and looked up to you for pro­tec­tion as her fa­ther, but in­stead you turned out to be her en­emy,” said the judge. Jus­tice Bere said the courts frowned upon child abuse. “The courts have a duty to pro­tect chil­dren from be­ing abused. The con­duct ex­hib­ited by the ac­cused per­son sum­marises the se­ri­ous­ness of the of­fence and there­fore the sen­tence must send a clear mes­sage to other child abusers out there,” ruled Jus­tice Bere.

Pros­e­cut­ing, Mr Trust Muduma said on Septem­ber 26 last year at around 5PM, Tshuma ar­rived at his home and he was ad­vised by his rel­a­tives that his daugh­ter was dis­obe­di­ent. The girl was not home at the time Tshuma ar­rived.

The court heard that soon af­ter she had re­turned, Tshuma or­dered her to go and fetch wa­ter and the goats.

“Si­mosenkosi took longer than an­tic­i­pated and Tshuma de­cided to follow her. The girl later ar­rived home in the com­pany of Zodwa Moyo,” said Mr Muduma.

Tshuma rounded up the goats and penned them be­fore he re­turned home where he con­fronted his daugh­ter. He rep­ri­manded her for dis­obe­di­ence and fail­ing to do chores and pen­ning goats.

He took the girl to his bed­room where he as­saulted her us­ing a ja­t­ropha switch. The girl pro­ceeded to bed af­ter the as­sault and Tshuma dis­cov­ered that his daugh­ter had died the fol­low­ing morn­ing.

He in­formed his sis­ter and a neigh­bour who in turn made a po­lice re­port lead­ing to Tshuma’s ar­rest.

Ac­cord­ing to post mortem re­sults, the cause of death was due to trau­matic shock, mul­ti­ple in­juries and sub­arach­noid haem­or­rhage.

Tshuma through his lawyer, Mr Ve­zokuhle Ndlovu of Ml­weli Ndlovu and As­so­ci­ates, pleaded for le­niency, say­ing it was not his in­ten­tion to cause the death of his daugh­ter. — @mash­nets.

Harare City Coun­cil spokesper­son Mr Michael Chideme

Ngoni Tshuma

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