The
accused is charged with murder as defined in section 47 of the Criminal Law (Codification
and Reform) Act [Chapter 9:23].
The
facts giving rise to the charge are by and large not in dispute. It is common
cause that the accused is a 23 year old young man who was in the business of
selling firewood and roasting green mealies. He, however, lived the life of a
pest as he was entirely dependent on others for his subsistence while he
squandered his money on drugs and pleasure. As at 3 January 2013, he was
staying with his uncle at Number 3957 Matye Close, Budiriro 2. Fed up with the
accused's exploitative habits, the uncle chased him away from his home that
fateful day.
Finding
himself homeless, the accused armed himself with a lethal kitchen knife he
found on a kitchen rack outside a certain house and went out to rob people of
their money and property. He then proceeded to Glenview 2 where he waylaid
people along Patranda Road. He did not have a specific victim in mind but
looked for soft targets at random. After some reconnaissance along the road he
pounced on the deceased. He stabbed her in the chest and both hands thereby
inflicting on her mortal injury. Thereafter, he robbed her of her cell phone,
serial number 357904/04/550262/4, and two dollars. In his own words, this is
what he had to say in his sworn evidence in open court:
“I
was in control of my faculties during that time. As I was walking along the way
I came to a place where there was a knife on a kitchen rack. I took the knife.
When I took the knife, I intended to use it for stealing. I intended to scare
people before I stole. I wanted to steal some money. I did not have a specific
victim to target. I was just searching randomly. The reason was that I was
desperate.
When
I had taken the knife, I proceeded to Glenview 2. I then got into Patranda Way.
I saw two women who were walking ahead of me. I then walked past them. I
observed that the other woman had a pouch hanging around her neck. I was
tempted to snatch that pouch. I then walked for a short distance. I then turned
and went back to them. When I approached them I then snatched the pouch from
the left side. I was not able to snatch the pouch because she resisted and we
fell down on the road. I did not drag her considering that I was walking on the
tarred road. The first witness was walking along the road and my hand actually
passed in front of her as I was reaching for the deceased's pouch.
When
I tried to snatch the pouch from the deceased, the string of the pouch got torn
and the deceased grabbed my T-shirt as we were struggling against each other. I
then pulled out the knife and stabbed her on the wrist but she did not let go.
That is when I stabbed her on the shoulder and she let go. I stabbed her on the
arm first and then on the shoulder. When I stabbed her on the shoulder that is
when she let go of me. I then dropped the knife and ran away with the pouch.
My
intention, when I stabbed the deceased, was for her to let me off so that I
could escape. It never came to my mind that she could die. When I had escaped I
then searched the pouch. I found that there was a cellphone, a juice card and
two dollars. I then proceeded to Budiriro 1 where there were my friends. There
were no bloodstains on my clothes. I did not tell anyone what had transpired.
Some
police officers just came to Tichagarika as I was selling some maize cobs. I
was actually surprised to see them coming. During that time I did not know why
they were arresting me. When they produced the cellphone and enquired from me
if I knew it, I then reflected and recollected what had transpired. I recalled
how I had snatched the cell phone. I remembered the stabbing. When they
informed me that the deceased had died I actually convicted myself and I was
very much afraid. I did not intend to kill the deceased.
My
Lord, I would want to sincerely apologize to the Court and her relatives about
the incident that took her life.”…,.
Zodwa
Mandiringa confirmed that she was in the company of the now deceased, Jean
Chinounda, at around 9pm along Patranda Way, in Glenview 2, on their way to
church, when the deceased was attacked and robbed of her cellphone in the
manner described by the accused in court. They cried out for help. One
Madzibaba Teddy Mandizvidza and others responded to her distress calls.
Madzibaba
Teddy Mandizvidza corroborated her evidence in every material respect. There is
no need to repeat his evidence….,.
After
robbing the deceased of her cell phone, serial number 357904/04/550262/4, the
accused pledged it to Godfrey Mafunga as security for a debt. Godfrey Mafunga, in
turn, exchanged the phone with Sarudzai Munemo. Police investigations linked
the cellphone to the accused who admitted pledging it to Godfrey Mafunga
shortly after the commission of the murder. Godfrey Mafunga confirmed the
pledge in every material respect….,.
The
above evidence clearly establishes that the accused intentionally stabbed the
deceased to death in the course of a robbery in the most brutish and barbaric
manner. He raised no material issues in his defence as he convicted himself
through his own mouth. That being the case, the conclusion that he is guilty of
murder with actual intent is inescapable.
The
accused is accordingly found guilty of murder with actual intent.
