News / Regional
Man killed over $5 debt
16 Jul 2014 at 07:49hrs | Views
A NKAYI man has been sentenced to nine years in prison for fatally striking his drinking mate with a log following a dispute over three chains and $5.
Thokozani Moyo, 23, of Majoyi area appeared before Bulawayo High Court judge Justice Andrew Mutema sitting on circuit in Hwange last week charged with murder.
He pleaded not guilty to the crime and was convicted of culpable homicide for causing the death of Shelton Dube, 28.
Prosecuting, Whisper Mabaudhi said on February 3 this year at about 7PM, Moyo and Dube were drinking beer at Majoyi Business Centre in Nkayi when a dispute erupted over a debt owed to Moyo.
Moyo left the drinking spot for a while and returned with a stick which he used to strike Dube once on the head saying, "I will kill you dog."
"Dube fell down and Moyo fled the scene leaving his weapon," said Mabaudhi.
He said Dube died on the following day at his home before he could be taken to hospital.
During proceedings, it emerged that Moyo lent Dube six chains but he only returned three.
"I gave him six chains but he only returned three and remained with others. That is when I struck him with a log once on the right side of the head," said Moyo.
In mitigation, Moyo claimed he used a log because he was no match for Dube physically.
"I didn't intend to take his life. He had insulted me and I only used the stick because I knew I couldn't match up to him physically," he said.
State witness Tackson Ncube, a cousin to Dube and a friend to both, said Moyo kept on mentioning that Dube owed him $5 while drinking beer and that he would kill him for the debt while Khangelani Moyo corroborated with the State's case.
"As a law abiding citizen you should have consulted with community elders to resolve the dispute amicably in order to uphold the sanctity of life," said Justice Mutema before sentencing him to nine years in prison of which three were conditionally suspended.
Moyo was represented by Givemore Muvhiringi of Dube and Partners.
Elias Ndlovu and Elizabeth Chazanga stood as assessors.
Thokozani Moyo, 23, of Majoyi area appeared before Bulawayo High Court judge Justice Andrew Mutema sitting on circuit in Hwange last week charged with murder.
He pleaded not guilty to the crime and was convicted of culpable homicide for causing the death of Shelton Dube, 28.
Prosecuting, Whisper Mabaudhi said on February 3 this year at about 7PM, Moyo and Dube were drinking beer at Majoyi Business Centre in Nkayi when a dispute erupted over a debt owed to Moyo.
Moyo left the drinking spot for a while and returned with a stick which he used to strike Dube once on the head saying, "I will kill you dog."
"Dube fell down and Moyo fled the scene leaving his weapon," said Mabaudhi.
He said Dube died on the following day at his home before he could be taken to hospital.
During proceedings, it emerged that Moyo lent Dube six chains but he only returned three.
"I gave him six chains but he only returned three and remained with others. That is when I struck him with a log once on the right side of the head," said Moyo.
In mitigation, Moyo claimed he used a log because he was no match for Dube physically.
"I didn't intend to take his life. He had insulted me and I only used the stick because I knew I couldn't match up to him physically," he said.
State witness Tackson Ncube, a cousin to Dube and a friend to both, said Moyo kept on mentioning that Dube owed him $5 while drinking beer and that he would kill him for the debt while Khangelani Moyo corroborated with the State's case.
"As a law abiding citizen you should have consulted with community elders to resolve the dispute amicably in order to uphold the sanctity of life," said Justice Mutema before sentencing him to nine years in prison of which three were conditionally suspended.
Moyo was represented by Givemore Muvhiringi of Dube and Partners.
Elias Ndlovu and Elizabeth Chazanga stood as assessors.
Source - chronicle
