Food aid ‘killer’ set free
THE High Court has freed a former Zanu-PF political commissar for Nkankezi in Insiza district who was being accused of stabbing two members of the neighbourhood watch committee resulting in one of them dying following a dispute over food aid.
Earnest Ncube (65) of Village 20 in Nkankezi appeared in court in connection with the death of George Sibanda and the attack on Sibangilizwe Siziba in 2004.
He had a dispute with officials of a nongovernmental organisation which was distributing food aid at Nkankezi Primary School, accusing them of deliberately omitting his children from the list of beneficiaries. When Sibanda and Siziba tried to calm Ncube down, he turned violent and stabbed them resulting in Sibanda succumbing to the injuries.
The ruling by Bulawayo High Court judge Justice Martin Makonese follows an application for permanent stay of Ncube’s prosecution.
Ncube through his lawyer, Mr Nickiel Mushangwe of Mushangwe and Company, sought an order permanently staying the proceedings, arguing that the delay in prosecuting him was a violation of his constitutional right in terms of section 69 of the constitution.
Justice Makonese said at the time of his indictment, Ncube had not been brought for trial for a period of 13 years.
The judge said the delay was an infringement of Ncube’s constitutional right.
“Once the right to a fair and speedy trial has been infringed, an applicant is ordinarily entitled to a permanent stay of prosecution. There is no indication at all that an attempt was made to set this matter for trial hence there was actual prejudice suffered by the applicant arising from the delay,” said the judge.
Justice Makonese said justice would not be served by dragging Ncube to court who in the last 13 years lost his three key witnesses.
“There can be no doubt that the applicant will be impaired in the conduct of his defence. I am satisfied that the application for a permanent stay of proceedings is merited. I, accordingly, order that prosecution in this matter be and is hereby permanently stayed,” ruled the judge.
Mr Mushangwe had argued that if the trial went ahead his client stood to be prejudiced as three of his key witnesses have since died due to the lapse of time. He said the State failed to give a satisfactory explanation in relation to the delay in prosecuting his client.
“Due to the lapse of time, the applicant suffered prejudice in that he was also stigmatised by the community coupled with the emotional stress and uncertainty. He was aware that upon conviction there are prospects of a death penalty which in itself is agonising and traumatic,” he said.
Ms Nokuthaba, who was representing the State, had opposed the application for stay of prosecution and attributed the delay to a backlog of criminal cases.
“The State is opposed to the permanent stay for prosecution. The delay in prosecuting the applicant cannot be solely attributed to the National Prosecuting Authority. It is a national problem emanating from issues to do with inadequate courts, judges and prosecutors resulting in a backlog in criminal cases,” she said.
The court heard that on February 23 in 2004, Ncube was part of villagers who were at a food distribution programme at Nkankezi Primary School which was being carried out by ORAP. When Ncube noticed that his children were not part of the list of beneficiaries, he got angry and confronted ORAP officials.
He allegedly threatened to kill them prompting Siziba to intervene and in the process he was stabbed in the right arm. Upon seeing that his colleague had been attacked, Sibanda tried to apprehend Ncube and the two men wrestled. Ncube allegedly overpowered Sibanda and subsequently stabbed him in the chest and he died hours later on admission to Filabusi District Hospital.
Ncube was apprehended by villagers and taken to the police leading to his arrest. — @mashnets