News / National
Judge urges police to be thorough
04 Feb 2015 at 06:48hrs | Views
High Court judge Justice Lawrence Kamocha has said police should thoroughly make investigations in murder cases in order for the courts to make informed decisions when dealing with such matters.
Justice Kamocha made the remarks at the Gweru High Court circuit yesterday during the trial of a Kwekwe man, Thembinkosi Gumbi, who is accused of killing his wife with a shock absorber.
Kamocha questioned the evidence of the two State witnesses who had testified that they saw the accused assaulting the deceased with the heavy metal all over the body.
The post mortem report, however, showed that deceased had a fractured skull and bruises on the lower and upper limbs.
"The accused admitted hitting his wife with the metal on the head after he had assaulted her with a switch," he said.
"Surely for the two State witnesses to say they saw accused assaulting deceased all over the body with such a heavy metal and yet this is not corroborated by evidence from the post mortem report is hard to believe.
"It is the duty of the State and the police, who made such investigations to ensure that all the weapons that might have been used are made available so that the courts can make informed decisions."
The State alleges that on December 29 2013 Gumbi was with his now-deceased wife Nyarai Moyo (28) when they had a quarrel.
In a fit of rage, Gumbi assaulted his wife, who dashed out of the house and locked herself inside the couple's car. He smashed the window screen and assaulted her all over the body with the shock absorber and she succumbed to the assault injuries on January 5 last year.
Gumbi, however, alleges that he caught his wife chatting with a boyfriend.
Judgment will be delivered today.
Justice Kamocha made the remarks at the Gweru High Court circuit yesterday during the trial of a Kwekwe man, Thembinkosi Gumbi, who is accused of killing his wife with a shock absorber.
Kamocha questioned the evidence of the two State witnesses who had testified that they saw the accused assaulting the deceased with the heavy metal all over the body.
The post mortem report, however, showed that deceased had a fractured skull and bruises on the lower and upper limbs.
"The accused admitted hitting his wife with the metal on the head after he had assaulted her with a switch," he said.
"Surely for the two State witnesses to say they saw accused assaulting deceased all over the body with such a heavy metal and yet this is not corroborated by evidence from the post mortem report is hard to believe.
"It is the duty of the State and the police, who made such investigations to ensure that all the weapons that might have been used are made available so that the courts can make informed decisions."
The State alleges that on December 29 2013 Gumbi was with his now-deceased wife Nyarai Moyo (28) when they had a quarrel.
In a fit of rage, Gumbi assaulted his wife, who dashed out of the house and locked herself inside the couple's car. He smashed the window screen and assaulted her all over the body with the shock absorber and she succumbed to the assault injuries on January 5 last year.
Gumbi, however, alleges that he caught his wife chatting with a boyfriend.
Judgment will be delivered today.
Source - Southern Eye
