News / Regional
Man kills stepdaughter for soiling herself
14 Mar 2013 at 04:44hrs | Views
A 30-year-old Nkayi man who last year fatally assaulted his two-year-old step-daughter for soiling herself and "crying too much" has been sentenced to nine years in prison.
Mpikayipheli Nxumalo, of Tohwe area pleaded not guilty to murder and was convicted of a lesser charge of culpable homicide when he appeared before Bulawayo High Court judge Justice Maphios Cheda, sitting with Messrs Tholani Elias Ndlovu and Felix Simon Dube as assessors at the Hwange High Circuit Court.
Sentencing Nxumalo, Justice Cheda said it was obvious that he did not like the child.
Justice Cheda said Nxumalo could have separated with the girl's mother, Ms Pamela Ncube instead of killing her.
He said what Nxumalo did was not acceptable as it manifested a serious case of child abuse, which required a harsh sentence.
The girl was identified as Primrose.
In mitigation, Nxumalo, through his pro deo lawyer Mr Vuyile Mpofu, of Cheda and Partners said he was only trying to discipline the child when he whipped her and hit her with a blunt object on the head.
The State counsel, Miss Memory Munsaka submitted that the reasons for the assault were unreasonable and Nxumalo could have "toilet trained" the girl if he was interested in making her stop soiling herself.
On 16 June last year, the girl's mother went to fetch thatch grass leaving her in the custody of the step father.
Irked by the girl's continuous crying and that she had soiled herself, Nxumalo whipped her until she fell unconscious.
When the girl's mother returned at about 9am, she found her alone and crying in the kitchen hut.
The girl had injuries on the back and head.
Ms Ncube did not take her to hospital until two days later when she noticed that her condition was deteriorating.
She took her to the clinic where she was then transferred to Nkayi District Hospital but died on admission on 19 June.
Postmortem results from the United Bulawayo Hospitals (UBH) showed that the girl died due to head injuries, assault and trauma caused by force exerted by a blunt object.
Mpikayipheli Nxumalo, of Tohwe area pleaded not guilty to murder and was convicted of a lesser charge of culpable homicide when he appeared before Bulawayo High Court judge Justice Maphios Cheda, sitting with Messrs Tholani Elias Ndlovu and Felix Simon Dube as assessors at the Hwange High Circuit Court.
Sentencing Nxumalo, Justice Cheda said it was obvious that he did not like the child.
Justice Cheda said Nxumalo could have separated with the girl's mother, Ms Pamela Ncube instead of killing her.
He said what Nxumalo did was not acceptable as it manifested a serious case of child abuse, which required a harsh sentence.
The girl was identified as Primrose.
In mitigation, Nxumalo, through his pro deo lawyer Mr Vuyile Mpofu, of Cheda and Partners said he was only trying to discipline the child when he whipped her and hit her with a blunt object on the head.
The State counsel, Miss Memory Munsaka submitted that the reasons for the assault were unreasonable and Nxumalo could have "toilet trained" the girl if he was interested in making her stop soiling herself.
On 16 June last year, the girl's mother went to fetch thatch grass leaving her in the custody of the step father.
Irked by the girl's continuous crying and that she had soiled herself, Nxumalo whipped her until she fell unconscious.
When the girl's mother returned at about 9am, she found her alone and crying in the kitchen hut.
The girl had injuries on the back and head.
Ms Ncube did not take her to hospital until two days later when she noticed that her condition was deteriorating.
She took her to the clinic where she was then transferred to Nkayi District Hospital but died on admission on 19 June.
Postmortem results from the United Bulawayo Hospitals (UBH) showed that the girl died due to head injuries, assault and trauma caused by force exerted by a blunt object.
Source - TC