News / National
Man walks scot free after bashing brother to death with a hoe
05 Nov 2012 at 17:18hrs | Views
Fanuel Madoro of village Shimbami, Chief Nyajena has been acquitted by High Court Judge Justice Hungwe for killing his elder brother Pedzisai Madoro on June 11, 2009.
According to State prosecutor Tinaye Matenga sometime in 2009 at around midnight the deceased Pedzisai went to the bedroom of Fanuel Madoro armed with a pick handle and struck the accused's door thrice ordering him to open the door.
The acquitted Madoro armed himself with a hoe and opened the door and struck the deceased Madoro several times on the head with the hoe handle and once on the leg. The deceased sustained severe injuries on the head as a result of the assault and the convicted Madoro through the hoe inside the hut and took a 20litre container and poured water on the deceased but to no avail.
After realising that there was no sign of life, he informed his brother Josias Madoro who reported the matter to the police leading to the arrest of the convicted Madoro.
When Fanuel appeared before Judge Hungwe, he pleaded guilty to all the charges levelled against him. However Madoro walked court free after his defence lawyer Phillip Shumba of Mutendi and Shumba Legal Practitioners stated that he acted in self defence as the deceased had threatened to kill him and was also dangerously armed.
Fanuel aver that the accused was in need to attack him in relation to a trail of events which had unfolded earlier on. Three months prior to the fateful date, the deceased severely assaulted his parents and the convicted Madoro reported the matter to the police leading to the deceased's arrest.
The deceased is also alleged to have made continued assault threats to family members and at one time he is alleged to have threatened the acquitted and his mother with death for reporting to the police for his trail of assault threats to the family. As a result the deceased was viewed as dangerous and Fanuel acted in self defence.
Fanuel also stated that he rendered first aid to the deceased before rushing to the police and made an official report before handing himself over to the police.
Justice Hungwe passed the judgement whilst seated with assessors Eliphas Gweru and Postas Dauramanzis and made it clear that Fanuel acted in self defence as the deceased had escaped from prison and had reasonable fear that he would kill him.
According to State prosecutor Tinaye Matenga sometime in 2009 at around midnight the deceased Pedzisai went to the bedroom of Fanuel Madoro armed with a pick handle and struck the accused's door thrice ordering him to open the door.
The acquitted Madoro armed himself with a hoe and opened the door and struck the deceased Madoro several times on the head with the hoe handle and once on the leg. The deceased sustained severe injuries on the head as a result of the assault and the convicted Madoro through the hoe inside the hut and took a 20litre container and poured water on the deceased but to no avail.
After realising that there was no sign of life, he informed his brother Josias Madoro who reported the matter to the police leading to the arrest of the convicted Madoro.
Fanuel aver that the accused was in need to attack him in relation to a trail of events which had unfolded earlier on. Three months prior to the fateful date, the deceased severely assaulted his parents and the convicted Madoro reported the matter to the police leading to the deceased's arrest.
The deceased is also alleged to have made continued assault threats to family members and at one time he is alleged to have threatened the acquitted and his mother with death for reporting to the police for his trail of assault threats to the family. As a result the deceased was viewed as dangerous and Fanuel acted in self defence.
Fanuel also stated that he rendered first aid to the deceased before rushing to the police and made an official report before handing himself over to the police.
Justice Hungwe passed the judgement whilst seated with assessors Eliphas Gweru and Postas Dauramanzis and made it clear that Fanuel acted in self defence as the deceased had escaped from prison and had reasonable fear that he would kill him.
Source - news
