Man spears and stones uncle to death

AN Inyathi man was allegedly brutally stabbed with a spear and stoned to death by his nephew while trying to restrain his young brother from fondling the breasts of his wife's younger sister.

The now deceased, Cornelius Moyo (25), sustained broken jaws, a broken leg, deep lacerations all over the head, a deep cut on the throat and a ruptured liver and spleen in the horrific assault.

Bulawayo High Court judge Justice Martin Makonese,who is on circuit in Hwange was yesterday told the gruesome incident occurred in October 2008.

The late Moyo, his wife Ms Nomsa Sibanda, Sibanda's younger sister Eucalys, Moyo's young brother Fanuel and his wife Siphiwe Ndlovu and the accused Everton Ndlovu and his wife Moreblessing Dube were coming from Bulawayo going to their places of residence in Inyathi.

It is alleged that they were all drinking and Ndlovu told the court that they bought seven bottles of skippers cane spirit, each measuring 750ml and the had consumed four when they reached Lonely Mine in Inyathi.

While in Inyathi walking home, Fanuel Moyo, who testified in court as a State witness allegedly fondled Eucalys much to the chagrin of his late brother who rebuked him.

The two exchanged harsh words and ended up fighting and were restrained by Ndlovu.

The late Moyo then charged at Ndlovu accusing him of interfering in a private matter and a fight ensued between the two.

Ndlovu then allegedly assaulted Moyo who later died during the same night. Ndlovu is facing a murder charge.

Justice Makonese, with Mr Mathias Munzabwa and Mr Tolani Elias Ndlovu agreeing reserved judgment to Monday saying he wanted to go through submission by the State and defence counsels.

For the State Mr Whisper Mabhaudhi submitted that Ndlovu planned to kill Moyo which is why he armed himself with logs and a spear.

He said Ndlovu knew what he was doing and cannot hide behind the fact that he was intoxicated. The State argues that Ndlovu's defence that he hit Moyo with an iron bar on the back was not consistent with the injuries sustained by Moyo leading to his death.

Nomsa Sibanda in her testimony told the court that Ndlovu was the aggressor. Mr Mabhaudhi prayed that the court finds Ndlovu guilty of murder with actual intent while his pro deo lawyer Mrs Dorothy Zihove from Mashindi and Company prayed that he be convicted of murder with constructive intent.

She said State witnesses had failed to show the state of Ndlovu's drunkenness, arguing that he acted under the influence of alcohol.

In his defence, Ndlovu said he and his wife fled from the scene near Lonely Mine because Moyo was attacking him with empty bottles of beer. He said he fled home and told his uncle Mr Train Mpofu about the issue and was later attacked by Moyo whom he overpowered and fatally struck in self defence.

It is the State's argument that Ndlovu rushed home and armed himself with a spear, log, iron bar and stone and lay in ambush.

He allegedly struck Moyo with a stone and he fell down upon which he stabbed him on the chest and pummeled his head until he bled profusely.