A GOKWE man has been sentenced to 21 years in jail for killing his brother. Enrod Mzira,43, had initially denied having killed his brother, William, 29, before Bulawayo High Court judge Justice Andrew Mutema sitting on circuit in Hwange. But he made an about turn and confessed to the November, 5, 2012 murder. “I did it because he wanted to drink some poison at my house saying I caused him to be assaulted at a beer drink. I then hit him on the back with a log as I thought I was chastising him not knowing I was injuring him,” he said. Mzira of Matinyenya village along with co- accused Clifford Ngwenya, 44, and Visitor Moyo, 34, both from Ngwaladi area in Nkayi, had pleaded not guilty to the murder. However, Justice Mutema with Elias Ndlovu and Elizabeth Chazanga as assessors, found him guilty and sentenced him to 21 years in prison and conditionally suspended five years. Ngwenya and Moyo were each sentenced to a year-and-a-half in prison for assaulting William of which six months were conditionally suspended for five years. Mzira had denied ever assaulting his brother saying he only calmed him down after being assaulted by Ngwenya and Moyo. Ngwenya said he only had a fist fight with William and did not use a log on him. Moyo said he only intervened in the fight between William and Ngwenya by hitting the two with a log on their hands to stop them. State prosecutor Namatirai Ngwasha told how on November, 5, 2012 at around 4PM, William and Ngwenya quarrelled over why the former drank the latter’s beer without his permission at Margaret Nyoni’s home in Mabhalabhala village, Nkayi. Ngwenya then assaulted William several times all over the body using clenched fists and a log and Moyo joined in to beat up William on the hands with a log. Margaret intervened to stop the fight, the court heard. Ngwasha said William suffered swollen hands and bled profusely from the nose and mouth. He then left the scene and went to his brother’s home where upon arrival he blamed Mzira for setting Ngwenya and Moyo on him. The court heard how Mzira went on to assault William all over the body several times using a log and booted feet causing him to sustain a fractured hand and bleed from the nose and mouth. “William didn’t seek medical attention for lack of money following both assaults leading to his death on November 7, 2012 at his mother Annah Mzira’s home,” said Ngwasha. State witnesses Brighton Mzira, a brother and Margaret, who brewed the beer, testified and corroborated the state case but Annah fingered Mzira, her stepson, as the sole culprit. “I was preparing supper when William cried out while repeatedly calling my name. I proceeded to Mzira’s house, which is 70 metres away only to see him lying on the ground bleeding from the nose,” said Annah. She said Mzira emerged and assaulted William all over the body several times with a log and booted feet below the abdomen until he became incapacitated. “I lifted William to my house as he was unable to walk but had no money to seek medical assistance for him. He died two days later,” added Annah. Justice Mutema said the murder was savage hence a deterrent sentence was needed. “The cause of death was ascertained as cervical spinal injury, dislocation and assault. Savage excessive force was used. Your smart Aleck attitude must be punished severely and mercilessly as you have shown no remorse or regard for the sanctity of life,” said the judge. Justice Mutema said Mzira shot himself in the foot with his bare denial whereas Annah’s testimony corroborated William’s injury in the post mortem. Ngwenya was represented by Vuyile Mpofu of Marondedze and Mukuku Legal Practitioners and Moyo by Givemore Muvhiringi and Mzira by Thulani Nkala both of Dube and Partners.
Posted on: Tue, 15 Jul 2014 17:52:22 +0000
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