Christmas Day killer jailed 8 years
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