News / Local
Lifeline for Bulawayo girlfriend murderer
26 Nov 2014 at 19:16hrs | Views
A 60-year-old death row inmate convicted of shooting his 27-year-old girlfriend in Bulawayo in 2002 has won an appeal to be heard at the Constitutional Court.
Danis David Konson, who is facing the hangman's noose for gunning down Siphatisiwe Ncube in the presence of a police officer after she had ditched him, has a chance to escape the gallows if the Constitutional Court upholds his appeal.
The court heard that Ncube broke up with Konson in 2012 and moved in with a new lover, Sikhumbuzo Dube despite Konson's attempts to mend the relationship.
Ncube spurned her former lover's pleas even though she had been helped to establish a grocery shop at Tshongogwe Business Centre by Konson.
Konson went to Jotsholo Police Station and appealed for help in solving the dispute between him and Ncube and told the police that they were fighting over a business deal before travelling to Lupane with one of the police officers.
When he arrived, he went to the shop and shot dead his former girlfriend with a pistol.
After being sentenced to death for the crime, Konson has approached the Supreme Court appealing against the death penalty imposed by Bulawayo High Court Judge, Lawrence Kamocha, accusing the learned judge of descending into the arena.
He further alleges he did not get a fair trial as the death sentence imposed by the inferior court was incompetent in terms of the law.
Chief Justice Godfrey Chidyausiku, Justice Anne-Marie Gowora and Justice Ben Hlatshwayo sitting as the Supreme Court, referred the matter to the Constitutional Court after satisfying themselves that there were two constitutional issues arising.
The three ruled the appellant was given a sentence that was incompetent as parliament had not enacted a law providing for the circumstances in which the death sentence may be imposed in terms of the constitution.
Passing judgment, Kamocha said Konson, who in his defence, claimed having no intention to shoot his ex-girlfriend, had premeditated the murder.
He said Konson had been planning the murder for a while and he had in the days leading to the incident hinted to Ncube that he intended to kill her and the deceased had told her mother about the threat.
Kamocha said the convict was a cunning, devious and wicked character as he sought the help of the police to carry out his plan, shot Ncube without warning and even went back to shoot her for the third time to make sure she was dead.
Danis David Konson, who is facing the hangman's noose for gunning down Siphatisiwe Ncube in the presence of a police officer after she had ditched him, has a chance to escape the gallows if the Constitutional Court upholds his appeal.
The court heard that Ncube broke up with Konson in 2012 and moved in with a new lover, Sikhumbuzo Dube despite Konson's attempts to mend the relationship.
Ncube spurned her former lover's pleas even though she had been helped to establish a grocery shop at Tshongogwe Business Centre by Konson.
Konson went to Jotsholo Police Station and appealed for help in solving the dispute between him and Ncube and told the police that they were fighting over a business deal before travelling to Lupane with one of the police officers.
When he arrived, he went to the shop and shot dead his former girlfriend with a pistol.
After being sentenced to death for the crime, Konson has approached the Supreme Court appealing against the death penalty imposed by Bulawayo High Court Judge, Lawrence Kamocha, accusing the learned judge of descending into the arena.
He further alleges he did not get a fair trial as the death sentence imposed by the inferior court was incompetent in terms of the law.
Chief Justice Godfrey Chidyausiku, Justice Anne-Marie Gowora and Justice Ben Hlatshwayo sitting as the Supreme Court, referred the matter to the Constitutional Court after satisfying themselves that there were two constitutional issues arising.
The three ruled the appellant was given a sentence that was incompetent as parliament had not enacted a law providing for the circumstances in which the death sentence may be imposed in terms of the constitution.
Passing judgment, Kamocha said Konson, who in his defence, claimed having no intention to shoot his ex-girlfriend, had premeditated the murder.
He said Konson had been planning the murder for a while and he had in the days leading to the incident hinted to Ncube that he intended to kill her and the deceased had told her mother about the threat.
Kamocha said the convict was a cunning, devious and wicked character as he sought the help of the police to carry out his plan, shot Ncube without warning and even went back to shoot her for the third time to make sure she was dead.
Source - zbc
