News / Local
ConCourt revokes Bulawayo businessman's death penalty, orders retrial
23 Jul 2015 at 17:09hrs | Views
The Constitutional Court has revoked the death penalty granted to a Bulawayo man convicted of murdering his girlfriend.
The man had been sentenced to death by hanging by a Bulawayo High Court judge Lawrence Kamocha but the Constitutional Court ordered a retrial.
Danis David Konson (60) a Bulawayo businessman shot dead his 27-year old girlfriend Siphathisiwe Ncube in Jotsholo.
Handing down sentence Justice Kamocha found Konson guilty of premeditated murder, ruling the accused was a cunning, devious and wicked character who shot Ncube without warning thrice and sought the help of the police to cover up his crime.
Konson who had set up a grocery shop for his lover at Tshongogwe Business Centre was incensed by his lover's decision to dump him for another man, Sikhumbuzo Dube.
Konson's complaint to the Constitutional Court was that the trial court descended into the arena of conflict between himself and the state, thereby violating his right to a fair trial as guaranteed by Section 69 sub-section 1 of the constitution.
He further argued the record of proceedings shows how the court was partial and how the judge in the frequency of questioning and demeanour was openly hostile towards the appellant.
The highest court on the land upheld the appellant's application for review and ruled that in view of the stance assumed by the learned trial judge, the defence proffered by the applicant was not properly evaluated undermining the trial.
The court set aside the proceedings conducted under Case Number HC/158/13 and remitted the matter to the High Court in Bulawayo for a fresh trial before a different judge.
The man had been sentenced to death by hanging by a Bulawayo High Court judge Lawrence Kamocha but the Constitutional Court ordered a retrial.
Danis David Konson (60) a Bulawayo businessman shot dead his 27-year old girlfriend Siphathisiwe Ncube in Jotsholo.
Handing down sentence Justice Kamocha found Konson guilty of premeditated murder, ruling the accused was a cunning, devious and wicked character who shot Ncube without warning thrice and sought the help of the police to cover up his crime.
Konson who had set up a grocery shop for his lover at Tshongogwe Business Centre was incensed by his lover's decision to dump him for another man, Sikhumbuzo Dube.
Konson's complaint to the Constitutional Court was that the trial court descended into the arena of conflict between himself and the state, thereby violating his right to a fair trial as guaranteed by Section 69 sub-section 1 of the constitution.
He further argued the record of proceedings shows how the court was partial and how the judge in the frequency of questioning and demeanour was openly hostile towards the appellant.
The highest court on the land upheld the appellant's application for review and ruled that in view of the stance assumed by the learned trial judge, the defence proffered by the applicant was not properly evaluated undermining the trial.
The court set aside the proceedings conducted under Case Number HC/158/13 and remitted the matter to the High Court in Bulawayo for a fresh trial before a different judge.
Source - zbc
