Killer tout jailed 25 years for as­sault

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

A DRUNKEN Bu­l­awayo tout who threw a brick in a bar and fa­tally struck a bar­lady on the head after miss­ing his in­tended vic­tim, has been sen­tenced to 25 years in jail.

Themba Ndlovu (40) of Ma­hat­shula North sub­urb who fa­tally struck Belinda Mguni, was con­victed of mur­der with con­struc­tive in­tent by Bu­l­awayo High Court judge Jus­tice Maxwell Takuva.

Ndlovu, who was a rowdy pa­tron at Som­p­isi Bar in Ma­hat­shula, was fight­ing with a se­cu­rity guard when he picked up a brick and tried to hit him. He missed his tar­get and struck Mguni on the head and she died four days later at Mpilo Cen­tral Hospi­tal.

In his judg­ment, Jus­tice Takuva de­scribed Ndlovu as a cun­ning and shrewd man who tried to play the tribal card by claim­ing that all the State wit­nesses hated him be­cause he was Nde­bele.

“The ac­cused per­son was not a cred­i­ble wit­ness. He tried to use the tribal card to trick this court into buy­ing his story. In our view, this is to­tally un­true and we find him to be a crafty and cun­ning per­son whose ev­i­dence should be dis­missed.

“Ac­cused per­son threw the brick in a crowded bar and missed his in­tended vic­tim and there is no rea­son­able prob­a­bil­ity that his de­fence is true. He acted reck­lessly and we are con­vinced that the state man­aged to prove its case be­yond rea­son­able doubt. Ac­cused acted with req­ui­site in­tent and we find him guilty of mur­der with con­struc­tive in­tent,” ruled Jus­tice Takuva.

In pass­ing the sen­tence, the judge said Ndlovu was a so­cial mis­fit who de­served to be re­moved from so­ci­ety for a lengthy pe­riod.

“In ag­gra­va­tion, you were a nui­sance on the night in ques­tion. You did not even ex­hibit any re­morse after killing an in­no­cent young woman, but in­stead you re­mained ag­gres­sive and force­ful. You are a so­cial mis­fit who should be re­moved from civilised peo­ple for a long time,” said Jus­tice Takuva.

He ex­pressed con­cern over the preva­lence of mur­der cases com­mit­ted dur­ing beer drinks.

“Mur­ders com­mit­ted dur­ing beer drink­ing sprees are preva­lent. A pre­cious and in­no­cent life was lost when the de­ceased who had done noth­ing wrong was caught in cross fire. The court must reg­is­ter re­vul­sion at such con­duct and those who drink and com­mit such bru­tal mur­ders de­serve de­ter­rent sen­tences,” said Jus­tice Takuva.

Prose­cut­ing, Mr Thomp­son Hove said on March 29 this year, Ndlovu was drink­ing beer at Som­p­isi Bar where the de­ceased was em­ployed as a bar­lady.

The court heard that after hav­ing one too man, Ndlovu be­came vi­o­lent started be­hav­ing in a dis­or­derly man­ner.

Tau­rai Rwizi, a se­cu­rity guard man­ning the bar premises or­dered Ndlovu to leave but he re­fused and be­came rowdy.

“Rwizi chucked the ac­cused out of the bar and left him out­side. Ndlovu then picked a brick and fol­lowed the se­cu­rity guard and found him stand­ing near a braai stand,” said Mr Hove.

Ndlovu threw the brick tar­get­ing Rwizi, but he missed him and hit Mguni at the back of the head and she fell down.

Ndlovu was ap­pre­hended by other pa­trons and handed over to the po­lice.

Mguni was taken to Mpilo Cen­tral Hospi­tal where she died on April 4.

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