Trio escapes life in jail by a whisker

A High Court judge told three men from Mayobodo in Mangwe District that "You escaped life in jail by a whisker," when he sentenced them to 25 years in prison each for murder on Tuesday.

Justice Bere, sitting with Elliot Nyoni as an assessor, found cumulative factors of extenuation in that the three were drunk and still youthful when they fatally assaulted Fanuel Mpala on June 2, 2004 while at Ngulubeni area in Mayobodo.

Fanuel Notsa Dube, Quiet Sibanda and Mpilokamlimu Ncube, who had already spent almost 10 years in remand prison, were found guilty of murder with actual intent by Justice Francis Bere.

They were arrested in 2004 and their two accomplices Conrad Sibanda and Themba Adolf Ndebele died while in remand prison as their trial dragged for nine-and-a-half years.

The State proved that the three, in the company of Conrad and a Neighbourhood Watch Committee member, Ndebele, were responsible for the death of Mpala, who was 21 years.

Their mission was retribution after Conrad had been ambushed by his girlfriend, Sehlaphi Phuthi's relatives, including Mpala at night.

He escaped and left his clothes.

They used Okapi knives, a knobkerrie, an axe and bottles to assault Mpala and he died on the spot from multiple stab wounds.

Mpala was Phuthi's cousin.

The two stayed at Sikhumbuzo Mpala's homestead where the murder took place.

Delivering judgment, Justice Bere told Dube, Sibanda and Ncube that they escaped life imprisonment by a whisker.

He said the court noted that the gang was led by Ndebele, who was feared in the area for bullying others and manipulated Dube, Sibanda, Ncube and Conrad.

Justice Bere said although at some point witnesses' statements contradicted, the court was satisfied that after cross examination they told the truth making it difficult to accept the defence of the three killers.

"The assault was well planned and well executed especially considering the militaristic approach they used in entering Sikhumbuzo Mpala's homestead. Yes, the accused are first offenders but in aggravation, this is a serious case that ranges as one of the most heinous murders," said Justice Bere.

"Those who perpetrate such crime need no mercy but be taken out of society for a long time. You escaped life in jail by a whisker and you are sentenced to 25 years in prison."

Prosecuting, Whisper Mabhaudi from the Attorney General's Office had called for life imprisonment.

The pro deo defence team of Thamsanqa Khumalo of Khumalo and Company Legal Practitioners, Tungamirai Nyengera of Mcijo, Dube and Partners and Kossam Ncube of Ncube and Partners Legal Practitioners, tried to buy their clients' freedom.

They separately appealed to the court to consider their clients' ages at the time of commission of the offence in 2004, adding that the pre-trial incarceration of almost 10 years was enough justice.

Dube was 21, Sibanda 20 and Ncube 19 years when they committed the murder.

Their lawyers told Justice Bere to backdate their sentence to 2004.

However, Justice Bere said Dube, Sibanda and Ncube had shown no remorse during trial and deserved to be removed from society.

Mabhaudi also challenged the accused's drunkenness, saying it was not mitigatory because the murder was callous and inherently wicked. He said it was against the law to backdate a sentence to a date before conviction.

The State proved that on June 2, 2004, at about 9pm, the three, in the company of the late Ndebele and Conrad Sibanda teamed up to assault Mpala.

This was after Conrad Sibanda had been caught in the bedroom hut of Phuthi, Mpala's cousin and he escaped leaving his clothes.

The gang had gone to recover Conrad's property, which he had left as he fled at is girlfriend's homestead.

Ndebele led them in the attack at Sikhumbuzo Mpala's homestead where Mpala died on the spot as a result of multiple injuries.

According to a postmortem report, Mpala died as a result of multiple stab injuries and haemorrhage shock.