News / National
Inmate's death sentence commuted to 25 years
05 Dec 2015 at 07:29hrs | Views
THE High Court has commuted businessman Danis David Konson's death sentence to a 25 year jail term.
Konson, 64, of Parklands, Bulawayo was last year sentenced to death for fatally shooting his ex-lover. He shot his ex-girlfriend, Siphathisiwe Ncube, 28, three times after she dumped him.
He was in February last year convicted and sentenced to death by Bulawayo High Court judge Justice Lawrence Kamocha.
Konson, through his lawyer, Advocate Lucas Nkomo, went on to challenge the verdict at the Constitutional Court, arguing that Justice Kamocha was biased in his judgment and hostile.
Chief Justice Godfrey Chidyausiku and seven others, sitting at the Constitutional Court's full bench, in July ruled in Konson's favour and ordered that he be retried under a different judge.
Justice Francis Bere who presided over the retrial at the Bulawayo High Court yesterday convicted Konson of murder with actual intent.
He described the murder as callous and systematically planned.
"This was a well organised and meticulously planned case of murder that was committed in the most callous and heinous manner," said the judge.
Justice Bere said the systematic plan was clearly demonstrated by Konson's failure to disclose to the police officer who accompanied him to Ncube's home that he was armed with a pistol.
Although Konson, in his defence, argued that it was not his intention to kill his girlfriend, the judge dismissed his evidence.
He said Konson had planned to kill by taking the gun for the visit to Ncube, who had told him in a letter that she had found a new man and was now married.
"In our wisdom, we're of the view that Konson was confronted with a harsh and cruel reality when Ncube dumped him and he did not take it lightly.
On the strength of the evidence given there is no room for provocation. The issue of provocation as some form of defence is not sustainable and in the circumstances, the only verdict is that we find Konson guilty of murder with actual intent," ruled Justice Bere.
The judge however, described Ncube as an untruthful, cunning and manipulative person.
"Konson felt abused and used by Ncube after having plied her with gifts and only to be dumped at the end. We are satisfied that such factors constitute as extenuating circumstances," he said.
In passing the sentence, Justice Bere said the courts have a duty to uphold the sanctity of human life.
"Murder is one of the most serious crimes which results in loss of life, which is irreplaceable. The courts have a duty to protect the sanctity of human life. It is clear that the murder was premeditated and accordingly you will have to go to jail for 25 years," ruled Justice Bere.
Konson had plied Ncube with gifts and opened a grocery store for her in Lupane. He also bombarded her with letters promising her a good life, but she still walked out of their relationship after three years.
Konson admitted the shooting but had pleaded not guilty, claiming that the killing had been accidental. He claimed that he was "confused and in a blackout" after walking in on Ncube and finding her with her new lover.
Konson and Ncube began their relationship in 2006.
The court heard that in January 2012, the enamoured lover opened a shop for her, which he also helped her run.
In July 2012, Ncube told Konson that she wanted to end the relationship. He tried to persuade her to change her mind without success.
Prosecuting, Whisper Mabaudhi said on September 10, 2013, Konson went to Jotsholo Police Station and asked for help in solving a dispute between him and Ncube, telling cops that they were fighting over a business deal.
Constable Wisdom Matupire who is now late accompanied him to Tshongogwe Business Centre where the meeting was to take place.
But the mood quickly changed when Konson saw a half-naked man coming out of Ncube's room at the grocery store he had opened for her.
Konson told the court he suffered a "blackout" and pulled the trigger of his CZ 6.35mm pistol, shooting both Ncube and the police officer several times. Ncube was shot twice in the face and once on the thigh and died instantly.
In mitigation through his lawyer, Robert Ndlovu, Konson pleaded for leniency, arguing that the mitigatory circumstances outweighed the aggravating ones.
"Although my client put himself in an untenable situation, you can't run away from the fact he was deeply and genuinely in love with Ncube. He has already spent 38 months incarceration of which 19 months he was in death row anguishing in anxiety," said Ndlovu.
Konson, 64, of Parklands, Bulawayo was last year sentenced to death for fatally shooting his ex-lover. He shot his ex-girlfriend, Siphathisiwe Ncube, 28, three times after she dumped him.
He was in February last year convicted and sentenced to death by Bulawayo High Court judge Justice Lawrence Kamocha.
Konson, through his lawyer, Advocate Lucas Nkomo, went on to challenge the verdict at the Constitutional Court, arguing that Justice Kamocha was biased in his judgment and hostile.
Chief Justice Godfrey Chidyausiku and seven others, sitting at the Constitutional Court's full bench, in July ruled in Konson's favour and ordered that he be retried under a different judge.
Justice Francis Bere who presided over the retrial at the Bulawayo High Court yesterday convicted Konson of murder with actual intent.
He described the murder as callous and systematically planned.
"This was a well organised and meticulously planned case of murder that was committed in the most callous and heinous manner," said the judge.
Justice Bere said the systematic plan was clearly demonstrated by Konson's failure to disclose to the police officer who accompanied him to Ncube's home that he was armed with a pistol.
Although Konson, in his defence, argued that it was not his intention to kill his girlfriend, the judge dismissed his evidence.
He said Konson had planned to kill by taking the gun for the visit to Ncube, who had told him in a letter that she had found a new man and was now married.
"In our wisdom, we're of the view that Konson was confronted with a harsh and cruel reality when Ncube dumped him and he did not take it lightly.
On the strength of the evidence given there is no room for provocation. The issue of provocation as some form of defence is not sustainable and in the circumstances, the only verdict is that we find Konson guilty of murder with actual intent," ruled Justice Bere.
The judge however, described Ncube as an untruthful, cunning and manipulative person.
In passing the sentence, Justice Bere said the courts have a duty to uphold the sanctity of human life.
"Murder is one of the most serious crimes which results in loss of life, which is irreplaceable. The courts have a duty to protect the sanctity of human life. It is clear that the murder was premeditated and accordingly you will have to go to jail for 25 years," ruled Justice Bere.
Konson had plied Ncube with gifts and opened a grocery store for her in Lupane. He also bombarded her with letters promising her a good life, but she still walked out of their relationship after three years.
Konson admitted the shooting but had pleaded not guilty, claiming that the killing had been accidental. He claimed that he was "confused and in a blackout" after walking in on Ncube and finding her with her new lover.
Konson and Ncube began their relationship in 2006.
The court heard that in January 2012, the enamoured lover opened a shop for her, which he also helped her run.
In July 2012, Ncube told Konson that she wanted to end the relationship. He tried to persuade her to change her mind without success.
Prosecuting, Whisper Mabaudhi said on September 10, 2013, Konson went to Jotsholo Police Station and asked for help in solving a dispute between him and Ncube, telling cops that they were fighting over a business deal.
Constable Wisdom Matupire who is now late accompanied him to Tshongogwe Business Centre where the meeting was to take place.
But the mood quickly changed when Konson saw a half-naked man coming out of Ncube's room at the grocery store he had opened for her.
Konson told the court he suffered a "blackout" and pulled the trigger of his CZ 6.35mm pistol, shooting both Ncube and the police officer several times. Ncube was shot twice in the face and once on the thigh and died instantly.
In mitigation through his lawyer, Robert Ndlovu, Konson pleaded for leniency, arguing that the mitigatory circumstances outweighed the aggravating ones.
"Although my client put himself in an untenable situation, you can't run away from the fact he was deeply and genuinely in love with Ncube. He has already spent 38 months incarceration of which 19 months he was in death row anguishing in anxiety," said Ndlovu.
Source - chronicle
