Life in jail for murder, hijack pair

TWO men who robbed a businessman of his car before killing him and dumping the body in a disused mine shaft, have been jailed for life.

Precious Nkomo of Godlwayo village in Filabusi and Edgar Majasi of Khohli village in Gokwe lured Alphious Mabhena, 42, into a bush where they killed him in August 2011.

They allegedly piqued his interest by telling him they could supply him with explosives. The duo later lured him to a bush where they claimed they had discovered a goldfield that Mabhena could explore.

They bludgeoned him to death with iron bars and took his vehicle, a Toyota Hilux. Nkomo and Majasi were exposed when they approached a mechanic and asked him to repair Mabhena's car two months after he had been reported missing.

High Court Judge Justice Nokuthula Moyo on Friday said the two had the new constitution to thank as they deserved to hang for the callous killing. She convicted them of murder with actual intent.

"This is a typical case where both accused persons deserved a death penalty but they've been saved by a mere technicality. The only other available option for these two would be life in jail," said Justice Moyo.

"The court once again bemoans the loss of life due to greed and urges members of the public to work hard for riches and never engage in crime." A state witness, Lazarus Gwerena, in his testimony, told the court that he last saw Mabhena alive when he was with Majasi and Nkomo.

"The last time I saw Mabhena was sometime towards the end of August, 2011, and he was in the company of Majasi and Nkomo who promised to supply him with explosives. They drove towards Siboza area and later I was informed by police that his remains were retrieved from a shaft in Siboza following indications by Majasi and Nkomo," said Gwerena.

Another witness, Evans Mangisi, said he was approached by the two men on October 2, 2011, as they sought to be assisted with repairs on the late Mabhena's car, a South African registered Toyota Hilux.

Mangisi said Majasi and Nkomo claimed that the car belonged to their brother. "They told me that they'd been involved in an accident and wanted to have it repaired," he said.

Prosecuting, Thompson Hove said on August 29, 2011, Majasi and Nkomo connived and lured Mabhena to a secluded place on the pretext that they had discovered a rich goldfield which they wanted him to explore.

Mabhena drove them to the area where the two claimed to have discovered the gold. The court heard that soon after disembarking from the car, Majasi and Nkomo, armed with iron rods, attacked Mabhena several times all over the body until he died.

They then threw the body into a disused mine shaft to conceal the crime. Mabhena's wife, Sakhelene Ndlovu, filed a missing person report when she failed to locate her husband.

Majasi and Nkomo, through their lawyer, Norman Mangena, they said they bought the car from Mabhena following a verbal agreement. They claimed that they gave him 100 grammes of gold in exchange for the car valued at $11,000.

They also claimed that they were forced to append their signatures on the warned and cautioned statement to admit to the crime after they were allegedly tortured by police on their genitals.