Cab driver stone passenger to death

A BEITBRIDGE taxi driver, who stoned a passenger to death following a dispute over payment of a R10 fare, was yesterday sentenced to eight years in jail.

Owen Mavengedze (29) of Dzulani Zwavhudi area in the border town cracked Vincent Takura (28)'s skull by hitting him on the forehead with a stone.

Mavengedze, who was initially facing a murder charge, was convicted of a lesser charge of culpable homicide by Bulawayo High Court judge Justice Nicholas Mathonsi.

Mavengedze will serve an effective six years in jail after two years were conditionally suspended for five years.

In passing the sentence, Justice Mathonsi condemned Mavengedze's conduct, saying he was supposed to exercise self-restraint to avoid unnecessary loss of life.

"The accused person lost self control and became violent and aggressive towards the deceased person. A life was lost under very tragic circumstances and this could have been avoided if the accused person had exercised some degree of self restraint. Sadly, the parties were squabbling over a very small amount of R10 and surely it would not have been the end of the world if accused person had just let go," he said.

Justice Mathonsi said the courts have a duty to uphold the sanctity of human life through sending offenders to jail. He said there was a need to cultivate a culture of respect for human life.

"We therefore have a duty to penalise the accused person in order to drive home the point that resorting to violence for whatever reason is unacceptable and should be avoided at all costs. This court has repeatedly counselled against such conduct and will continue to do so until we rid society of the scourge of violence, which has cost this country a lot in human capital," he said.

"In recognition of the weighty mitigatory factors, we will suspend a portion of the sentence so that it remains hanging over the accused person's head as a constant reminder that he should in future proceed with Solomonic wisdom when confronted with a similar situation."

Prosecuting, Mr Whisper Mabaudhi said on the night of July 12 last year, Mavengedze had parked his taxi when he was approached by Takura who was in the company of his friend Tafara Musikavanhu.

The two friends intended to be taken to Mbedzi Business Centre in the border town. They boarded the taxi and agreed to either pay a fare of R10 each or $1 for two passengers.

The court heard that at the destination, Musikavanhu paid R10 and Takura refused to pay his fare. A misunderstanding ensued over the outstanding R10 and Takura and Musikavanhu disembarked from the car and took to their heels.

Mavengedze picked a stone and pursued the two men. He caught up with Takura near an Econet shop in Dulivhadzimu suburb while he was relieving himself.

"Mavengedze struck Takura on the forehead and he collapsed and lost consciousness. He also hit Musikavanhu with stones on the left side of the ear, ribcage and back," said Mr Mabaudhi.

Takura succumbed to the injuries. According to a post mortem report the cause of death was due to head trauma, skull fracture and severe cerebral oedema.

A report was made to the police leading to Mavengedze's arrest.

In mitigation through his lawyer, Mr Jabulani Ndubiwa of Mashayamombe and Company Attorneys, Mavengedze pleaded for leniency, saying he was a sole breadwinner taking care of his wife and three minor children.