$300 fine for brother killer

Chronicle (Zimbabwe) - - National News - From Mashudu Net­sianda in Hwange

A MAN from Binga who un­leashed a deadly blow on his step brother, crush­ing his pri­vate parts af­ter the lat­ter ac­cused him of hav­ing an ex­tra-mar­i­tal af­fair with his wife, has been fined $300.

Mika Ny­oni (49) of Lusulu vil­lage was con­victed of a lesser charge of cul­pa­ble homi­cide by Bu­l­awayo High Court judge, Jus­tice Fran­cis Bere, who is on cir­cuit in Hwange, in con­nec­tion with the death of Cle­mence Dube who was aged 48 when the in­ci­dent oc­curred in July.

Ny­oni was given a wholly sus­pended five-months prison term on con­di­tion that he does not within the next five years com­mit a sim­i­lar of­fence. He was given up to December 30 this year to pay the fine, fail­ure of which he would be jailed for three months.

Jus­tice Bere con­demned Ny­oni’s con­duct and or­dered him to take care of his late step brother’s chil­dren and wife.

“At 49 where do you get the en­ergy to en­gage in a fight? Your brother’s chil­dren will al­ways re­mem­ber that you killed their fa­ther. You should there­fore try as much as you can to look af­ter your chil­dren be­cause you have deprived them of their fa­ther,” said the judge.

In pass­ing sen­tence, Jus­tice Bere took into ac­count that the de­ceased was the ag­gres­sor. He also con­sid­ered the fact that both the ac­cused and de­ceased were drunk dur­ing the fight.

“The as­sault that killed the de­ceased was a sin­gle blow aimed at the groin. In ag­gra­va­tion, a life was need­lessly lost and a clear mes­sage must be sent out there that peo­ple should not resort to vi­o­lence to re­solve dis­putes.

“From now on you will be an am­bas­sador in your area to preach against vi­o­lence and any­one from your vil­lage who fights will have failed the courts,” said the judge.

Prose­cut­ing, Ms Na­mati­rai Ng­washa said on July 2 this year shortly af­ter 4PM, Ny­oni and Dube were drink­ing beer at a lo­cal homestead when a mis­un­der­stand­ing arose.

She said Dube ac­cused his Ny­oni of hav­ing an ex­tra­mar­i­tal af­fair with his wife, Ms Leona Makumbe.

“The dis­pute de­gen­er­ated into a fight dur­ing which Ny­oni kicked Dube on the groin and injured his pri­vate parts,” said Ms Ng­washa.

She said the de­ceased was rushed to a lo­cal clinic the fol­low­ing day and died two days later due to se­vere in­juries sus­tained on his pri­vate parts.

Ny­oni, through his lawyer, Mr Give­more Mu­vhiringi of Dube and Com­pany, said he acted in self-de­fence af­ter the de­ceased pro­voked him.

In mit­i­ga­tion, Ny­oni pleaded for le­niency, say­ing he was a mar­ried man look­ing af­ter his 10 chil­dren.— @mash­nets

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