Esigodini murder sentence tomorrow

BULAWAYO High Court judge Justice Lawrence Kamocha yesterday reserved to Thursday judgement in the case in which a man from Esigodini was fatally stabbed with an Okapi knife for restraining another man from assaulting his cousin over $1.

After hearing submissions from the defence and State counsel, Justice Kamocha postponed the matter to today when he would deliver his judgement. However, during trial, the High Court judge, sitting with Mr Jongilizwe Sobantu and Mrs Isabel Mashengele as assessors, had grilled the accused, Khululiwe Mema (31), of 122 Habane Township, telling him that his defence was senseless.

"It does not make sense, you knew you had stabbed him. Why did you run away with the knife? Noone can carry somebody's weapon, why did you not wake up neighbours and tel them that you had disarmed a person who wanted to kill you and shown them the knife if really it was not yours and you were innocent? Why did the police have to search you for them to recover the knife?"

 The State counsel, Ms Nokuthaba Ngwenya from the Attorney General's Office led evidence from one more witness Ms Simangaliphi Moyo whose testimony was said to corroborate with that of the first witness, Mr Leonard Mpofu.

The State then applied to proceed by way of admission of evidence from other witnesses by consent in terms of Section 314 of the Criminal Procedure and Evidence Act and closed its case.

In closing the State case, Ms Ngwenya said Mema's evidence was contradictory, adding that evidence was clear that he actually intended to kill Nyathi as evidenced by the fact that he followed him to his house two hours later.

Mema is being represented pro deo by Mr Dumisani Dube, of Cheda and Partners. Mr Dube led Mema on his defence and he (Mema) said Thulani Nyathi, who he is alleged to have stabbed to death, was the aggressor.

Mema said Nyathi and Mr Mpofu started assaulting him when he told them that he did not have the $1 which they wanted to borrow from him and Nyathi hit him with an empty bottle on the head.

He denied intentionally stabbing Nyathi and told the court that he followed him to his house and he (Nyathi) drew a knife which he then snatched from him, adding that he might have accidentally stabbed him in the process.

Mr Dube submitted that his client acted in self defence hence there is doubt in the State case whether he really stabbed Nyathi.

Allegations are that on 1 July 2012, at about 9pm, Nyathi, Mema and Mr Mpofu were at Habane Beer Garden drinking beer.

The court was told that Mr Mpofu took out $1 and went to the counter intending to buy beer but Mema allegedly snatched and tore it.

A fist fight ensued between Mr Mpofu and Mema.

Nyathi allegedly intervened and hit Mema with an empty bottle twice on the head.

 It is alleged that a few hours after Mr Mpofu had fled home, Nyathi followed him and retired to bed but was allegedly awakened by Mema who stabbed him once on the abdomen in front of his wife in the bedroom.

Mema allegedly removed the knife and fled from the scene leaving Nyathi lying in a pool of blood.

Nyathi was rushed to Esigodini District Hospital where he later died allegedly as a result of the injuries sustained from the attack.

Mema was arrested in the morning and the Okapi knife was recovered.