Cattle rustler killer fined

A GWANDA man who shot dead a suspected cattle rustler 13 years ago, has been fined $500, but he will spend three months in jail should he default.

Newton Ndlovu (42) of Macanlays Resettlement area in Colleen Bawn ambushed Innocent Ncube who was then aged 41 and shot him dead as he tried to escape in September 2005.

Ndlovu who was initially facing a murder charge was convicted of a lesser charge of culpable homicide by Bulawayo High Court judge Justice Francis Bere.

He was given up to June 30 this year to pay the fine or spend three months in prison.

In passing the sentence, Justice Bere said he took into consideration the delay in the trial, which he blamed on the State.

Prosecuting, Mr Trust Muduma said sometime in September 2005, the community of Macanlays Resettlement area had a serious challenge of stock theft.

On September 7 that year, Ncube and his accomplice identified as Minias Tshuma were spotted selling beef, which was suspected to have been stolen.

The court heard that the community in an effort to curb the crime grouped and organised to lay an ambush on the suspected cattle rustlers.

Ncube and an accomplice walked into the trap on the same day.

On being ordered to stop, the deceased tried to flee into the bush to evade arrest.

Ndlovu opened fire and shot Ncube on the right thigh and stomach.

He was taken to Gwanda Provincial Hospital before being transferred to the United Bulawayo Hospitals where he succumbed to the injuries three days later.

According to post mortem results the cause of death was gunshot wound and haemorrhage shock.

In his warned and cautioned statement, Ndlovu admitted the charge, saying it was not his intention to kill the deceased.

He said he only wanted to frighten the suspected thief when he opened fire.

Last year, Justice Bere dismissed Ndlovu’s application for a permanent stay of prosecution. Ndlovu through his lawyers, Majoko and Majoko Legal Practitioners, sought an order permanently staying his prosecution, arguing that there was an inordinate delay in bringing his case to court.

He said the delay in prosecuting him was a violation of his constitutional right.

Ndlovu argued that the State failed to give a satisfactory explanation in relation to the delay in prosecuting his client.

The State, through Ms Nokuthaba Ngwenya, said Ndlovu never demanded to have a trial date or bring the case to their attention until he discovered that the matter had been set down.

Ms Ngwenya said there was no evidence that Ndlovu had asserted his right to trial within a reasonable time either in person or through his counsel. — @mashnets