News / Local
Constitution saves man who fatally speared uncle from death sentence
18 Nov 2013 at 15:54hrs | Views
AN Inyathi man who speared and stoned his uncle to death yesterday escaped the hangman's noose when a judge invoked a provision of the new Constitution which waives capital punishment.
Everton Ndlovu (26) was found guilty of murder with actual intent by Bulawayo High Court judge Justice Martin Makonese on circuit in Hwange for the murder of Cornelius Moyo in 2008.
Murder with actual intent carries a capital punishment. Ndlovu was aged 20 when he killed Moyo while trying to restrain his younger brother Fanuel from fondling the breasts of his wife's younger sister.
Passing judgment yesterday, Justice Makonese said Ndlovu had the country's Supreme Law to thank for not being sent to the gallows.
Chapter Four, Part Two, Section 48, Subsection 2 (c) of the new Constitution states that the death penalty must not be imposed on offenders aged less than 21 at the time they commit a crime or somebody above 70.
Ndlovu was then sentenced to 25 years in prison. The judge, however, said the court considered that despite the fact that the attack was pre-meditated, it was not in dispute that Ndlovu was intoxicated.
This was after it was mentioned in court that Ndlovu and Moyo, who were in the company of their wives, Fanuel, his wife and the younger sister to Ndlovu's wife whom Fanuel fondled-were dead drunk.
They had consumed copious amounts of alcohol including seven bottles of alcoholic spirit, each measuring 750ml by the time they reached Lonely Mine in Inyathi from Bulawayo.
Justice Makonese said perpetrators of violence were hiding behind intoxication to commit offences.
Justice Makonese said none of the State witnesses' testimonies corroborated with Ndlovu's who also failed to explain why Moyo's body was found a distance away from their uncle's homestead.
He said Ndlovu had lied that he was attacked by Moyo because he showed no signs of injury and also failed to justify why he was suddenly armed with a spear, log and iron bar when he had not planned to attack him .
In his defence, Ndlovu had said he and his wife fled from the scene near Lonely Mine because Moyo was attacking him with empty bottles of beer.
State counsel Namatirai Ngwasha had called for capital punishment on Ndlovu. She told the court how Fanuel Moyo fondled Eucalys Sibanda much to the chagrin of his late brother who rebuked him. The two exchanged harsh words and ended up fighting. They were, however, restrained by Ndlovu.
The late Moyo then charged at Ndlovu accusing him of interfering in a private matter and a fight ensued between the two. Ndlovu rushed home and armed himself with a spear, log, iron bar and stone and lay in ambush.
He struck Moyo with a stone and he fell down upon which he stabbed him on the chest and pounded his head until he died due to excessive bleeding. Moyo suffered broken jaws, a broken leg, deep lacerations on the head, a deep cut on the throat and ruptured liver.
His pro deo lawyer was Dorothy Zihove from Mashindi and Company.
Everton Ndlovu (26) was found guilty of murder with actual intent by Bulawayo High Court judge Justice Martin Makonese on circuit in Hwange for the murder of Cornelius Moyo in 2008.
Murder with actual intent carries a capital punishment. Ndlovu was aged 20 when he killed Moyo while trying to restrain his younger brother Fanuel from fondling the breasts of his wife's younger sister.
Passing judgment yesterday, Justice Makonese said Ndlovu had the country's Supreme Law to thank for not being sent to the gallows.
Chapter Four, Part Two, Section 48, Subsection 2 (c) of the new Constitution states that the death penalty must not be imposed on offenders aged less than 21 at the time they commit a crime or somebody above 70.
Ndlovu was then sentenced to 25 years in prison. The judge, however, said the court considered that despite the fact that the attack was pre-meditated, it was not in dispute that Ndlovu was intoxicated.
This was after it was mentioned in court that Ndlovu and Moyo, who were in the company of their wives, Fanuel, his wife and the younger sister to Ndlovu's wife whom Fanuel fondled-were dead drunk.
They had consumed copious amounts of alcohol including seven bottles of alcoholic spirit, each measuring 750ml by the time they reached Lonely Mine in Inyathi from Bulawayo.
Justice Makonese said perpetrators of violence were hiding behind intoxication to commit offences.
Justice Makonese said none of the State witnesses' testimonies corroborated with Ndlovu's who also failed to explain why Moyo's body was found a distance away from their uncle's homestead.
He said Ndlovu had lied that he was attacked by Moyo because he showed no signs of injury and also failed to justify why he was suddenly armed with a spear, log and iron bar when he had not planned to attack him .
In his defence, Ndlovu had said he and his wife fled from the scene near Lonely Mine because Moyo was attacking him with empty bottles of beer.
State counsel Namatirai Ngwasha had called for capital punishment on Ndlovu. She told the court how Fanuel Moyo fondled Eucalys Sibanda much to the chagrin of his late brother who rebuked him. The two exchanged harsh words and ended up fighting. They were, however, restrained by Ndlovu.
The late Moyo then charged at Ndlovu accusing him of interfering in a private matter and a fight ensued between the two. Ndlovu rushed home and armed himself with a spear, log, iron bar and stone and lay in ambush.
He struck Moyo with a stone and he fell down upon which he stabbed him on the chest and pounded his head until he died due to excessive bleeding. Moyo suffered broken jaws, a broken leg, deep lacerations on the head, a deep cut on the throat and ruptured liver.
His pro deo lawyer was Dorothy Zihove from Mashindi and Company.
Source - Byo24News
