News / National
Man in court for 'strangling' woman
01 Oct 2018 at 06:52hrs | Views
A MAN from Gwanda who allegedly confessed to killing a 50-year-old woman by strangulation in November 2013, has appeared in court.
Kelboy Moyo (39) of Mutandawenhema village appeared before Bulawayo High Court judge Justice Nokuthula Moyo facing a murder charge in connection with the death of Ms Lasi Nyathi. He was remanded in custody to October 8 for judgment.
Moyo, in his warned and cautioned statement, allegedly confessed that he murdered Ms Nyathi and confirmed not having been influenced to give the statement he made to the police at the time of his arrest.
When he took to the witness stand on Friday, Moyo backtracked from his statement, alleging that he was tortured by investigating police officers who forced him into signing a confession.
Prosecuting, Mr Trust Muduma said on November 20 in 2013, the deceased left her homestead at Mutandawenhema village and proceeded to neighbouring Betsa village.
The court heard that along the way, Ms Nyathi met Moyo at a bushy area and he confronted her.
"Upon realising that she was in danger, the deceased tried to run away but the accused person caught up with her. The two wrestled and Moyo managed to overpower the deceased," said Mr Muduma.
Moyo pushed the deceased to the ground and removed her sports shoes' laces and allegedly used them to strangle her. Soon after allegedly committing the offence, Moyo hid the body in the bush at the foot of a mountain. He tied the body to a tree branch to create an impression that the deceased committed suicide.
Ms Nyathi's body was discovered three days later following a search by villagers. On December 18, 2013, police received a tip off in which Moyo was being implicated in the murder leading to his arrest.
One of the investigating officers, Detective Sergeant Gugulethu Sibanda, yesterday took to the witness stand and told the court that Moyo was not coerced into giving the statement, which he is now denying.
"We received an anonymous letter which implicated the accused person in the murder. On being arrested Moyo was interviewed and he confessed that he strangled the deceased using shoe laces. We did not torture him but he gave his statement voluntarily," he said.
In his defence through his lawyer Ms Thando Mazibisa Dube of Ndove and Associates, Moyo said he was tortured and forced into signing the warned and cautioned statement.
"When they arrested me I was at my girlfriend's place in Garanyemba. They tortured me and forced me to admit that I killed the deceased," he said.
"They took me to the scene of the crime where they took pictures before we went to the deceased's home where they ordered me to apologise to her husband."
Moyo said police threatened to kill him if he refused to admit the offence.
In his warned and cautioned statement, Moyo said: "We struggled and finally she fell to the ground and I sat on top of her. I removed her tennis shoe laces and tied them together and strangled her until she became weak."
He said he loosened his grip and realised that the woman had lost consciousness and tried to resuscitate her to no avail.
"That is when I realised she was dead and I removed her corpse from the path and hid it at the foot of the mountain. I laid her down and tied the laces on a small branch to fake death by hanging. I placed one stone next to her head and the other by her body and went home," said Moyo.
Kelboy Moyo (39) of Mutandawenhema village appeared before Bulawayo High Court judge Justice Nokuthula Moyo facing a murder charge in connection with the death of Ms Lasi Nyathi. He was remanded in custody to October 8 for judgment.
Moyo, in his warned and cautioned statement, allegedly confessed that he murdered Ms Nyathi and confirmed not having been influenced to give the statement he made to the police at the time of his arrest.
When he took to the witness stand on Friday, Moyo backtracked from his statement, alleging that he was tortured by investigating police officers who forced him into signing a confession.
Prosecuting, Mr Trust Muduma said on November 20 in 2013, the deceased left her homestead at Mutandawenhema village and proceeded to neighbouring Betsa village.
The court heard that along the way, Ms Nyathi met Moyo at a bushy area and he confronted her.
"Upon realising that she was in danger, the deceased tried to run away but the accused person caught up with her. The two wrestled and Moyo managed to overpower the deceased," said Mr Muduma.
Moyo pushed the deceased to the ground and removed her sports shoes' laces and allegedly used them to strangle her. Soon after allegedly committing the offence, Moyo hid the body in the bush at the foot of a mountain. He tied the body to a tree branch to create an impression that the deceased committed suicide.
Ms Nyathi's body was discovered three days later following a search by villagers. On December 18, 2013, police received a tip off in which Moyo was being implicated in the murder leading to his arrest.
"We received an anonymous letter which implicated the accused person in the murder. On being arrested Moyo was interviewed and he confessed that he strangled the deceased using shoe laces. We did not torture him but he gave his statement voluntarily," he said.
In his defence through his lawyer Ms Thando Mazibisa Dube of Ndove and Associates, Moyo said he was tortured and forced into signing the warned and cautioned statement.
"When they arrested me I was at my girlfriend's place in Garanyemba. They tortured me and forced me to admit that I killed the deceased," he said.
"They took me to the scene of the crime where they took pictures before we went to the deceased's home where they ordered me to apologise to her husband."
Moyo said police threatened to kill him if he refused to admit the offence.
In his warned and cautioned statement, Moyo said: "We struggled and finally she fell to the ground and I sat on top of her. I removed her tennis shoe laces and tied them together and strangled her until she became weak."
He said he loosened his grip and realised that the woman had lost consciousness and tried to resuscitate her to no avail.
"That is when I realised she was dead and I removed her corpse from the path and hid it at the foot of the mountain. I laid her down and tied the laces on a small branch to fake death by hanging. I placed one stone next to her head and the other by her body and went home," said Moyo.
Source - chronicle