CORPSE VIOLATOR SENTENCED
THE Epworth man, who made headlines for doing coital movements on a corpse, was yesterday sentenced to 315 hours of community service.
Big Sipiliano was convicted by Harare magistrate Isheanesu Matova who said his conduct was very degrading and insensitive to the deceased’s mother as he was also being charged for indecent assault after he also did coital movements on her bu***cks on the day in question.
“The following are the reasons for sentencing; accused stands convicted of violating a corpse and indecent assault and in reaching the appropriate sentence, the court considered that he is a first offender and it’s a general rule that the courts don’t send first offenders to prison unless in aggravating circumstances.
“The court considered that he is an elderly person with no criminal record and gave him a chance to reform, he is a family man and his dependants depend on him and the court was moved to give him a non-custodial sentence to fend for his family while paying for his crimes.
“He made coitus movements on a dead body while fully dressed, which could have been aggravated if he was naked, but his moral blameworthiness is high because he did the insensitive assault on the dead girl’s mother who was mourning and the court is mindful to personal entitlement and body security.
“He ought to have maintained the autonomy of the complainant and the deceased, it was a taboo and it’s not in sync with our cultures. There’s need to impose a deterring penalty therefore; court is of the view that the penalty that fits is that of community service coupled with a suspended sentence.
“He is thereby sentenced to six months, which are suspended for 210 hours of community service at ZRP Epworth and it is to be completed in eight weeks and on the second count, he is sentenced to five months in prison with two suspended on condition that in the next five years he doesn’t commit any offence similar to indecent assault and three months suspended for 105 hours of community service,” he said.
The State proved that on January 2 at around 1:30am, Mazhindu and other neighbours were mourning her late daughter when Sipiliano came in the room they were in and he said he wished he had slept with her when she was still alive, but it wasn’t going to end that way. (Musikana uyu ndakabvira kare ndichimuda dai ndakatorara naye hake achiri mupenyu manje hazvipere zvakadaro).
Sipiliano then went on to uncover the corpse that was covered by a white cloth, and not in a coffin, and said the now deceased was still beautiful and then went on top of the corpse and started making “coitus” movements with his clothes on.
One of the mourners tried to stop him, but he threatened her; then he got up and indecently assaulted the informant by grabbing her from behind making ‘coitus’ movements on her behind and she called for help and was rescued by neighbours.
Shambadzeni Fungura appeared for the State assisted by Vincent Chidembo and Simeon Ndoro.