Zimbabwe armed robber loses appeal against death sentence

A Supreme Court bench has rejected an appeal against a death sentence filed by Doubt Mathe, who was convicted of murdering a security guard during a 2008 robbery at a cotton buying point in Gokwe.

Mathe, who was acquitted of robbery but found guilty of murder, had been sentenced to death by the High Court. In his appeal to the Supreme Court, Mathe sought either an acquittal on the murder charge or a commutation of his sentence to 10 years in prison.

However, the Supreme Court, comprised of Justices Tendai Uchena, Samuel Kudya, and Felistas Chitakunye, upheld the death sentence. The court ruled that the presence of aggravating circumstances does not require a conviction on the related offense.

"It is clear that the determination of aggravating circumstances is independent of whether the accused was convicted of another offense," the court stated. "The appellant [Mathe] and his accomplices unlawfully entered Winnie Sigwala's house and severely assaulted the deceased. Although Mathe was acquitted of robbery, a conviction for that crime was not necessary for the imposition of the death penalty."

The court also ruled that Mathe did not experience double jeopardy, as his sentence was not contingent on a separate conviction. The judges praised the High Court for its adherence to the law in sentencing Mathe to death.

The court was informed that on June 15, 2008, Mathe and his accomplices—one now deceased and another still at large - brutally murdered security guard Taurai Mache, 24, who was stationed at Grafax Cotton Company offices in Gokwe. They attacked him with a hoe handle, causing fatal injuries.