PAIR COMMITS MURDER IN PRISON:
. . . 2 cellmates get 10 years apiece for culp hom
BULAWAYO High Court judge Justice Martin Makonese has sentenced to 10 years each two criminals who killed their cellmate in cold blood at Wha Wha Medium Prison in Gweru after he refused to join their plot to break out of prison.
Wellington Gadzira (46) and Moses Pedzisai Mahuvava (38) were convicted of culpable homicide after a full trial before Justice Makonese on Wednesday.
The duo, together with their accomplice Johannes Nyasha Masiiwa (32), murdered Abel Maphosa (then 56), who was one of the convicts who murdered Moses Chokuda of Gokwe together with the son of the Minister of State for Midlands Province, Cde Jason Machaya — Farai — in 2009.
Gadzira and Mahuvava pleaded guilty to a lesser charge of culpable homicide through their pro deo lawyers Mr Nomore Hlabano and Mr Tatenda Manika.
Masiiwa did not attend court as he was undergoing psychiatric examination at Mlondolozi Mental Health Prison in Bulawayo and his matter has been postponed indefinitely.
Justice Makonese said the State had failed to prove actual or constructive intent on the part of Gadzira and Mahuvava to murder Maphosa.
He said the State had relied on evidence from the prison officers who only attended the scene after the murder and as such Gadzira and Mahuvava were only guilty of culpable homicide.
“It is common cause that the accused planned with Masiiwa to break from the prison and the deceased was murdered for refusing to go along with the plan,” said Justice Makonese.
“However, the accused persons are putting the blame on Masiiwa who is in a mental institution and there is no evidence to the contrary.
“The accused are sentenced to 10 years in prison each.”
Maphosa, Farai and brothers Edmore and Bothwel Gana, were each jailed for 18 years by Bulawayo High Court judge Justice Nicholas Mathonsi in 2011 for murdering Chokuda.
Chokuda — whose body spent close to two years in a mortuary at Gokwe District Hospital — was only buried after his relatives received 20 head of cattle and $15 000 cash as compensation from Cde Machaya.
The prosecutor, Mr Samuel Pedzisai said Gadzira, Mahuvava and Masiiwa shared prison cell number 19 at Wha Wha Medium Prison in November 2011 with Maphosa.
He said on November 23 that year, while Maphosa was attending court at Gweru Magistrates Court for a matter not mentioned in court, Gadzira, Mahuvava and Masiiwa planned a prison break.
Mr Pedzisai said Gadzira, Mahuvava and Masiiwa hatched a plan to kill Maphosa after he refused to join their plan when he returned from court.
They killed him by hitting his head against the wall and kicking him below the chin.
The trio moved out of their room with the intention to escape during a blackout, but electricity was restored, forcing them to abandon the idea.
Maphosa’s body was discovered by prison officers during the morning roll call.