Judge frees arson convict

THE High Court has quashed the conviction and sentence of a Hwange man who was jailed for nine years on accusations of locking up hisgirlfriend’s grandfather and torching her hut following a dispute.

Augustine Ncube was convicted of attempted murder by Hwange regional magistrate Mrs Dambudzo Malunga and sentenced to nine years in jail. Three years were conditionally suspended for five years. A further six months was suspended on condition that Ncube restituted the complainant for the damaged property.

Justice Nokuthula Moyo set aside both the conviction and sentence on review.

The judge said the facts of the matter were not sufficient enough to prove a case against Ncube beyond reasonable doubt.

“It is not proven fact that the accused set the hut on fire. It is also not proven fact that he threatened to kill his girlfriend, Siphosenkosi Mthombeni and her relatives. The finding on accused person’s guilt is difficult in that the facts of this matter are not sufficient to prove his guilt beyond reasonable doubt,” said the judge.

Justice Moyo said it was also not proven that no other person could have harboured ill feelings to the extent of doing what is being attributed to Ncube.

She said there was no tangible evidence linking Ncube to the offence.

“The learned magistrate should have given the accused person the benefit of the doubt and acquitted him at the end of the trial. The decision of the trial court is accordingly set aside and he is found not guilty and acquitted,” ruled Justice Moyo.

The facts of the matter are that on May 11 this year at about 10PM, Ncube proceeded to the complainant, Mr Hlupheki Mthombeni’s homestead following an altercation with the man’s granddaughter’s Siphosenkosi.

Siphosenkosi is Ncube’s girlfriend. The court heard that prior to proceeding to the Mr Mthombeni’s home, Ncube had threatened to kill the complainant.

On arrival at the complainant’s homestead, Ncube allegedly locked up the door to a kitchen hut where Mr Mthombeni and his other grandchild were seated.

He then allegedly set the hut on fire. The complainant managed to pick his grandchild and they both escaped unhurt.

In his defence, Ncube said he was away in Dete on the day the hut was torched.—@mashnets