News / National
Kezi man in court for fatally axing girlfriend 12 years ago
12 Sep 2013 at 03:11hrs | Views
THE trial of a Kezi man who allegedly axed his girlfriend to death 12 years ago started at the Bulawayo High Court yesterday after Justice Lawrence Kamocha dismissed the accused's application for permanent stay of prosecution.
Vincent Dube (39), of Ratanyana under Chief Nyangazonke had made the application through his lawyer Mr Innocent Mafirakureva, of Mlweli Ndlovu and Associates Legal Practitioners, who is representing him pro deo.
Dube argued that it had taken too long to bring him to trial and the trial was therefore prejudicial to him. Dismissing the application, Justice Kamocha said although it was entirely the fault of the State, which failed to prosecute him and that Dube did not flee, the court had a duty to examine whether the delay prejudiced him.
Justice Kamocha said the defence outline showed that Dube clearly remembered the events of the day in question as there were no signs of impairment.
He said all witnesses except David Nunu were available and the court would not speculate that they had forgotten what transpired.
"The applicant also did not assert his right to trial within a reasonable time when he could have inquired from the police. For the application to be granted, there must be proof that there was prejudice.
"In my view, in a murder case if there is no evidence that the accused has been prejudiced we cannot grant the application because we would open floodgates as the system is not operating normally. The court therefore finds the applicant not prejudiced and dismisses the application," said Justice Kamocha.
State counsel Mr Whisper Mabhaudhi of the Attorney General's Office read a summary of the State case, which was adopted as evidence number one.
Dube's defence outline states that he would plead not guilty although admitting that he was angered by the conduct of Nunu, now late, which led him to act in self defence.
The case continues today with witnesses testifying. Dube is accused of killing his girlfriend, Memory Nobukhosi Ndlovu, who was 19 years old in 2001.
He allegedly struck her twice on the back of the head with the axe and left it stuck in her head. Dube suspected that his girlfriend was cheating on him with the teacher, Nunu, who had allegedly sent two pupils on two separate occasions to invite her to the school.
Vincent Dube (39), of Ratanyana under Chief Nyangazonke had made the application through his lawyer Mr Innocent Mafirakureva, of Mlweli Ndlovu and Associates Legal Practitioners, who is representing him pro deo.
Dube argued that it had taken too long to bring him to trial and the trial was therefore prejudicial to him. Dismissing the application, Justice Kamocha said although it was entirely the fault of the State, which failed to prosecute him and that Dube did not flee, the court had a duty to examine whether the delay prejudiced him.
Justice Kamocha said the defence outline showed that Dube clearly remembered the events of the day in question as there were no signs of impairment.
He said all witnesses except David Nunu were available and the court would not speculate that they had forgotten what transpired.
"In my view, in a murder case if there is no evidence that the accused has been prejudiced we cannot grant the application because we would open floodgates as the system is not operating normally. The court therefore finds the applicant not prejudiced and dismisses the application," said Justice Kamocha.
State counsel Mr Whisper Mabhaudhi of the Attorney General's Office read a summary of the State case, which was adopted as evidence number one.
Dube's defence outline states that he would plead not guilty although admitting that he was angered by the conduct of Nunu, now late, which led him to act in self defence.
The case continues today with witnesses testifying. Dube is accused of killing his girlfriend, Memory Nobukhosi Ndlovu, who was 19 years old in 2001.
He allegedly struck her twice on the back of the head with the axe and left it stuck in her head. Dube suspected that his girlfriend was cheating on him with the teacher, Nunu, who had allegedly sent two pupils on two separate occasions to invite her to the school.
Source - Zimpapers
