News / National
Killer grandpa spared jail
26 Oct 2017 at 01:30hrs | Views
AN ailing 69-year-old Bulawayo man who fatally struck his son-in-law with a log while trying to rescue his seven-year-old grandson who was under attack from the deceased, has been spared the agony of jail.
Leonard Tendai Vundla of Rangemore suburb, who was initially facing a murder charge, was convicted of a lesser charge of culpable homicide by Bulawayo High Court Judge Justice Nicholas Mathonsi in connection with the death of Nkululeko Moyo (31) in 2011.
Vundla was sentenced to four years in prison which were wholly suspended for five years on condition that he does not within that period commit a similar offence.
In passing the sentence, Justice Mathonsi said a custodial sentence would be too harsh since Vundla was of ill-health and old age.
"In considering sentence, we take into account the fact that you are a first offender who pleaded guilty to the charge. You are said to be under medication for a serious condition," he said.
"We are also mindful of the fact that you have reached the twilight of your life. Given your state, it is clear that you may not survive the agony of prison life, so it may be said that you are saved by the bell."
Justice Mathonsi said although Vundla had been provoked by the deceased, he was supposed to exercise restraint.
"No matter how provocative and foolish the deceased was, as a mature person, you were expected to exercise restraint and avoid resorting to violence," he said.
Prosecuting, Mrs Sifiso Ndlovu-Sibanda said on August 27 in 2011, Moyo spent the day drinking beer at Bambi Lounge Bar in Bulawayo.
On the same day at around 4PM, Moyo visited his father-in-law, Vundla.
"Upon arrival at Vundla's home, Moyo found his son playing outside the yard and he had a bandage on his foot. Moyo ordered the boy to remove the bandage and he refused resulting in a quarrel between the two," said Mrs Ndlovu-Sibanda.
The court heard that the noise attracted the attention of Vundla and when he got out of his house, he saw Moyo violently slapping his son several times.
Vundla got angry and tried in vain to restrain his son-in-law from assaulting the boy. He then picked a log and struck Moyo once on the head and he collapsed.
Leonard Tendai Vundla of Rangemore suburb, who was initially facing a murder charge, was convicted of a lesser charge of culpable homicide by Bulawayo High Court Judge Justice Nicholas Mathonsi in connection with the death of Nkululeko Moyo (31) in 2011.
Vundla was sentenced to four years in prison which were wholly suspended for five years on condition that he does not within that period commit a similar offence.
In passing the sentence, Justice Mathonsi said a custodial sentence would be too harsh since Vundla was of ill-health and old age.
"In considering sentence, we take into account the fact that you are a first offender who pleaded guilty to the charge. You are said to be under medication for a serious condition," he said.
"We are also mindful of the fact that you have reached the twilight of your life. Given your state, it is clear that you may not survive the agony of prison life, so it may be said that you are saved by the bell."
Justice Mathonsi said although Vundla had been provoked by the deceased, he was supposed to exercise restraint.
"No matter how provocative and foolish the deceased was, as a mature person, you were expected to exercise restraint and avoid resorting to violence," he said.
Prosecuting, Mrs Sifiso Ndlovu-Sibanda said on August 27 in 2011, Moyo spent the day drinking beer at Bambi Lounge Bar in Bulawayo.
On the same day at around 4PM, Moyo visited his father-in-law, Vundla.
"Upon arrival at Vundla's home, Moyo found his son playing outside the yard and he had a bandage on his foot. Moyo ordered the boy to remove the bandage and he refused resulting in a quarrel between the two," said Mrs Ndlovu-Sibanda.
The court heard that the noise attracted the attention of Vundla and when he got out of his house, he saw Moyo violently slapping his son several times.
Vundla got angry and tried in vain to restrain his son-in-law from assaulting the boy. He then picked a log and struck Moyo once on the head and he collapsed.
Source - chronicle
