News / National
Death row inmate loses appeal
29 Jan 2015 at 18:20hrs | Views
The Supreme Court has rejected an
appeal by a man on a death row convicted for shooting another man in a
robbery attack, a decade ago.
In a judgment made available yesterday, the bench turned down the automatic appeal by Abraham Mbovora following his conviction and sentence for the slaying of Johannes Mapfumo Majoni on April 14, 2005 at Chinyuni Business Centre in Chirumhanzu.
Mbovora now has to file a plea for clemency to the President according to the law.
Mbovora was found guilty of the murder of Majoni with actual intent in October 2006 by the High Court sitting in Bulawayo.
The court found no extenuating circumstances and condemned Mbovora to the gallows.
In the lower court, the judge found that on the afternoon of April 14, 2005 - Mbovora - who was armed with a pistol, went to Chinyuni Business Centre with the intent to commit robbery.
He was wearing a balaclava to hide his identity. Mbovora then force marched two men into a room at gunpoint.
He demanded money and was told that it was in the next room. Mbovora left the room closing the door behind him and stormed in the next room where he fired a shot and demanded money.
As one of the frightened occupants was putting the money in a plastic bag as Mbovora had ordered, Majoni bolted out of the room.
Mbovora followed him in hot pursuit and shot him while he was trying to close the gate to prevent the convict from escaping.
Mbovara fled the scene empty-handed.
Acting judge of appeal Justice Susan Mavangira, sitting with Justices Vernanda Ziyambi and Ben Hlatshwayo at Bulawayo High Court, upheld the lower court's decision.
Justice Mavangira noted that although the trial court relied on circumstantial evidence to convict Mbovora, the evidence was unassailable to warrant interference by the superior court.
"The evidence established that the CZ pistol that the appellant (Mbovora) was in possession of at the time of his arrest was the firearm from which the fatal shot that struck and killed the deceased was fired," said Justice Mavangira.
"The evidence also established that the appellant freely made indications at the scene of the murder and such indications were consistent with events of the fateful day leading to the fatal shooting of the deceased."
She said the trial court made a correct decision on the matter and properly convicted Mbovora.
In a judgment made available yesterday, the bench turned down the automatic appeal by Abraham Mbovora following his conviction and sentence for the slaying of Johannes Mapfumo Majoni on April 14, 2005 at Chinyuni Business Centre in Chirumhanzu.
Mbovora now has to file a plea for clemency to the President according to the law.
Mbovora was found guilty of the murder of Majoni with actual intent in October 2006 by the High Court sitting in Bulawayo.
The court found no extenuating circumstances and condemned Mbovora to the gallows.
In the lower court, the judge found that on the afternoon of April 14, 2005 - Mbovora - who was armed with a pistol, went to Chinyuni Business Centre with the intent to commit robbery.
He was wearing a balaclava to hide his identity. Mbovora then force marched two men into a room at gunpoint.
He demanded money and was told that it was in the next room. Mbovora left the room closing the door behind him and stormed in the next room where he fired a shot and demanded money.
As one of the frightened occupants was putting the money in a plastic bag as Mbovora had ordered, Majoni bolted out of the room.
Mbovora followed him in hot pursuit and shot him while he was trying to close the gate to prevent the convict from escaping.
Mbovara fled the scene empty-handed.
Acting judge of appeal Justice Susan Mavangira, sitting with Justices Vernanda Ziyambi and Ben Hlatshwayo at Bulawayo High Court, upheld the lower court's decision.
Justice Mavangira noted that although the trial court relied on circumstantial evidence to convict Mbovora, the evidence was unassailable to warrant interference by the superior court.
"The evidence established that the CZ pistol that the appellant (Mbovora) was in possession of at the time of his arrest was the firearm from which the fatal shot that struck and killed the deceased was fired," said Justice Mavangira.
"The evidence also established that the appellant freely made indications at the scene of the murder and such indications were consistent with events of the fateful day leading to the fatal shooting of the deceased."
She said the trial court made a correct decision on the matter and properly convicted Mbovora.
Source - Herald
