News / National
Man kills 'arrogant' villager
09 Aug 2024 at 07:51hrs | Views
A BEITBRIDGE man has been jailed 25 years for killing a man because he comes from "a villager of arrogant people".
Fanuel Mbedzi will serve the whole term after High Court judge Justice Evangelista Kabasa sitting at Bulawayo High Court found him guilty of murder.
Mbedzi had pleaded not guilty to the murder charge.
On March 28, 2020, the victim was at a party at Mayele Mbedzi store, Maware in Beitbridge, with his younger brother Tamson Gumbo.
Mbedzi was also at the party and he accosted Gumbo, threatening to assault him because he considered him as a person who came from a village of arrogant people.
The victim, according to court papers, approached the two and Mbedzi released Gumbo before inviting him for a discussion.
The court heard that the victim was never seen alive thereafter before one Nosta Nyoni stumbled on his lifeless body lying in a pool of blood with severe head injuries.
Mbedzi's home was searched and a pair of tennis shoes was recovered on top of the bedroom roof which had blood stains.
The blood stains were subjected to a DNA test, which established that the blood belonged to the victim.
However, in his defence, Mbedzi denied knowing the victim and being at the party on the night in question.
He also denied being the owner of the tennis shoes and stated that on that night, he was at home with his wife and children.
The State tendered exhibits including a postmortem report, DNA test results, tennis shoes and two stones weighing 16,8kg and 13,55kg.
It also led evidence from four witnesses.
In analysing the case, Justice Kabasa said hiding of shoes spoke volumes given the fact that forensic tests found the deceased's blood on them.
"We did not lose sight of the accused's evidence. In his defence outline, he completely denied everything. He repeated the bare denials in his defence," Justice Kabasa said.
"We acknowledge that he has no onus to prove anything and need not convince the court as to the truthfulness of his story.
"The accused's bare denial in the face of evidence which placed him at the scene where the offence was committed destroyed the little credibility he had. We have already found as a fact that his aunt was able to identify him."
He said a classmate had also identified Mbedzi at the party.
"This classmate had to flee due to the accused's aggressive conduct. The classmate's evidence was accepted," the judge said.
"We are, accordingly, satisfied the State has proved its case beyond reasonable doubt and accordingly find the accused guilty as charged.
"Given the manner in which you killed the deceased, crushing his head with boulders, a lengthy term of imprisonment is called for. You are accordingly sentenced to 25 years imprisonment."
Fanuel Mbedzi will serve the whole term after High Court judge Justice Evangelista Kabasa sitting at Bulawayo High Court found him guilty of murder.
Mbedzi had pleaded not guilty to the murder charge.
On March 28, 2020, the victim was at a party at Mayele Mbedzi store, Maware in Beitbridge, with his younger brother Tamson Gumbo.
Mbedzi was also at the party and he accosted Gumbo, threatening to assault him because he considered him as a person who came from a village of arrogant people.
The victim, according to court papers, approached the two and Mbedzi released Gumbo before inviting him for a discussion.
The court heard that the victim was never seen alive thereafter before one Nosta Nyoni stumbled on his lifeless body lying in a pool of blood with severe head injuries.
Mbedzi's home was searched and a pair of tennis shoes was recovered on top of the bedroom roof which had blood stains.
The blood stains were subjected to a DNA test, which established that the blood belonged to the victim.
However, in his defence, Mbedzi denied knowing the victim and being at the party on the night in question.
The State tendered exhibits including a postmortem report, DNA test results, tennis shoes and two stones weighing 16,8kg and 13,55kg.
It also led evidence from four witnesses.
In analysing the case, Justice Kabasa said hiding of shoes spoke volumes given the fact that forensic tests found the deceased's blood on them.
"We did not lose sight of the accused's evidence. In his defence outline, he completely denied everything. He repeated the bare denials in his defence," Justice Kabasa said.
"We acknowledge that he has no onus to prove anything and need not convince the court as to the truthfulness of his story.
"The accused's bare denial in the face of evidence which placed him at the scene where the offence was committed destroyed the little credibility he had. We have already found as a fact that his aunt was able to identify him."
He said a classmate had also identified Mbedzi at the party.
"This classmate had to flee due to the accused's aggressive conduct. The classmate's evidence was accepted," the judge said.
"We are, accordingly, satisfied the State has proved its case beyond reasonable doubt and accordingly find the accused guilty as charged.
"Given the manner in which you killed the deceased, crushing his head with boulders, a lengthy term of imprisonment is called for. You are accordingly sentenced to 25 years imprisonment."
Source - newsday
