News / National
Court frees 2 kids in hut 'arsonist'
30 Jun 2016 at 09:01hrs | Views
A MANGWE man (32) who allegedly locked his neighbour's two children aged six and eight years in a kitchen hut and torched it to fix their father following a misunderstanding has been acquitted.
Khulumani Ndebele of Mphoengs who is known for burning down people's homesteads allegedly set the hut alight in February.
He pleaded not guilty to two counts of attempted murder before regional magistrate Mr Chrispen Mberewere.
Mr Mberewere said it was not fair for State witnesses to accuse Ndebele basing on the fact he once served for torching other homesteads.
"The State failed to prove its case beyond reasonable doubt and thus the court needs to treat its witnesses with caution. All witnesses admitted that they had a prior knowledge that Ndebele was in the habit of torching people's homesteads," said Mr Mberewere.
He condemned the investigating officer saying he was supposed to be one of the State witnesses.
"With his seven years of experience, he saw nothing wrong about hearing Ndebele's confession in his station when he had not been told about any rights he may have possessed at that time," he said.
"No court will convict on such manifestly unreliable evidence. Ndebele is found not guilty and is acquitted."
Prosecuting Mr Simbarashe Manyiwa said the children's father, Mr Cain Ndlovu (33), woke up at around 1AM to find the hut in which his children were sleeping in flames.
"Ndebele went to Ndlovu's homestead intending to kill his neighbour's children. Ndebele and Ndlovu had a misunderstanding and Ndebele threatened to deal with his neighbour," said Mr Manyiwa.
"He went to the kitchen hut where six-year-old Mafana Ndlovu and eight-year-old Ndingilizi Ndlovu were sleeping. Ndebele fastened the kitchen door with a rope from outside and set the hut on fire before fleeing from the homestead,'' said Mr Manyiwa.
He said Mr Ndlovu, who was sleeping in another room with his wife, heard his children screaming and went to investigate.
Mr Manyiwa said Mr Ndlovu used an axe to destroy the door and gain entry into the hut.
"Ndlovu managed to save his children from the burning hut but all the property which was in the kitchen hut was reduced to ashes,'' said Mr Manyiwa.
Ndebele recently completed a two-year jail sentence after he was convicted in 2012 of burning down another villager's homestead.
Khulumani Ndebele of Mphoengs who is known for burning down people's homesteads allegedly set the hut alight in February.
He pleaded not guilty to two counts of attempted murder before regional magistrate Mr Chrispen Mberewere.
Mr Mberewere said it was not fair for State witnesses to accuse Ndebele basing on the fact he once served for torching other homesteads.
"The State failed to prove its case beyond reasonable doubt and thus the court needs to treat its witnesses with caution. All witnesses admitted that they had a prior knowledge that Ndebele was in the habit of torching people's homesteads," said Mr Mberewere.
He condemned the investigating officer saying he was supposed to be one of the State witnesses.
"With his seven years of experience, he saw nothing wrong about hearing Ndebele's confession in his station when he had not been told about any rights he may have possessed at that time," he said.
"No court will convict on such manifestly unreliable evidence. Ndebele is found not guilty and is acquitted."
"Ndebele went to Ndlovu's homestead intending to kill his neighbour's children. Ndebele and Ndlovu had a misunderstanding and Ndebele threatened to deal with his neighbour," said Mr Manyiwa.
"He went to the kitchen hut where six-year-old Mafana Ndlovu and eight-year-old Ndingilizi Ndlovu were sleeping. Ndebele fastened the kitchen door with a rope from outside and set the hut on fire before fleeing from the homestead,'' said Mr Manyiwa.
He said Mr Ndlovu, who was sleeping in another room with his wife, heard his children screaming and went to investigate.
Mr Manyiwa said Mr Ndlovu used an axe to destroy the door and gain entry into the hut.
"Ndlovu managed to save his children from the burning hut but all the property which was in the kitchen hut was reduced to ashes,'' said Mr Manyiwa.
Ndebele recently completed a two-year jail sentence after he was convicted in 2012 of burning down another villager's homestead.
Source - chronicle
