Christ­mas Day killer jailed 8 years

Chronicle (Zimbabwe) - - Opinion/national News - Mashudu Net­sianda

A MAN from Fort Rixon who stoned a fel­low vil­lager to death dur­ing Christ­mas Day cel­e­bra­tions, was yes­ter­day sen­tenced to eight years in jail.

Bu­l­awayo High Court judge Justice Nokuthula Moyo con­victed Misheck Ncube (24) of Alin­dale Vil­lage in Shangani of cul­pa­ble homi­cide. Ncube struck Em­manuel Mkhaliphi (25) with a stone on Christ­mas Day in 2013 and he died two days later upon ad­mis­sion to Parireny­atwa Group of Hospitals in Harare.

Ncube will serve an ef­fec­tive five years in jail af­ter the judge sus­pended three years for five years on con­di­tion that he does not within that pe­riod com­mit a sim­i­lar crime.

Justice Moyo con­demned Ncube’s con­duct, say­ing beer drinkers had a ten­dency of us­ing in­tox­i­ca­tion as a flimsy ex­cuse to en­gage in acts of vi­o­lence. “The courts have been dis­turbed by the loss of hu­man life on the most flimsy of ex­cuses. It can­not be an ex­cuse that peo­ple turn beer drink­ing sprees into ses­sions where vi­o­lence abounds,” said the judge.

Justice Moyo said the courts have a duty to up­hold the sanc­tity of life by met­ing out cus­to­dial sen­tences to per­pe­tra­tors of vi­o­lence.

“Vi­o­lent be­hav­iour at beer drinks is be­com­ing the norm rather than an ex­cep­tion and as courts, we note with great con­cern that th­ese beer drink­ing sprees have suddenly be­come death-traps. The courts have a duty to send a clear mes­sage out there that all beer pa­trons should con­duct them­selves ap­pro­pri­ately and hon­our the sanc­tity of life,” he said. “A young life was un­nec­es­sar­ily lost sim­ply be­cause the ac­cused per­son chose to be­come un­ruly and be­have in a vi­o­lent man­ner by throw­ing stones in­dis­crim­i­nately at a public area. This clearly shows lack of re­spect for hu­man life and the courts frown upon such con­duct”.

Ncube through his lawyer, Ms Priv­i­lege Mvundla of Mu­tuso, Taruvinga and Mhiribidi At­tor­neys, pleaded for le­niency.

He said he was re­morse­ful and had com­pen­sated Mkhaliphi’s fam­ily with three beasts.

Prose­cut­ing, Mrs Si­fiso Sibanda said on Christ­mas Day in 2013, Ncube, who was drunk, turned vi­o­lent and started in­dis­crim­i­nately hurl­ing stones over Madzi Tuck Shop which is lo­cated in Shangani.

“Ncube be­haved ir­re­spon­si­bly by hurl­ing stones in­dis­crim­i­nately in a public place which re­sulted in him strik­ing Mkhaliphi on the right side of his head and he died due to the in­juries sus­tained,” said Mrs Sibanda. Ncube fled from the scene af­ter re­al­is­ing he had killed some­one and was on the run for one week.

Mkhaliphi col­lapsed and was taken to Gweru Pro­vin­cial Hos­pi­tal be­fore he was trans­ferred to Parireny­atwa Group of Hospitals where he died soon af­ter ar­rival.

Although Ncube ad­mit­ted he com­mit­ted the of­fence, he ar­gued that he re­tal­i­ated af­ter Mkhaliphi hurled stones at him. — @mash­nets

Coun­cil­lor Martin Moyo

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