This is a rather tragic matter in all material respect. The now deceased was a mental patient who unfortunately lost his life in rather bizarre circumstances. Both accused persons are in the afternoon of their lives. More
All the four accused are facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform Act [Cap 9:23].
The charge is that on 4 January, 2021 at Wimpy Mining Site situate in the outskirts of Masvingo town each of the accused or all of them unlawfully caused the death of Rutendo Ndega by throwing her into a mine shaft intending to kill her or realizing that there was a real risk or possibility that their conduct might cause death and continued to engage in that conduct despite the risk of possibility. More
MAWADZE J: The concession by the state to a lesser charge of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23] is understandable.
There was no eye witness to the tragic events leading to the now deceased’s demise. It is the accused himself who can possibly explain what exactly happened. The post mortem report is of no use as the now deceased was found in a state of advanced decomposition. The cause of death could not be ascertained. The available state witnesses cannot take the matter any further. More
Both accused 1 and accused 2 are father and son respectively. They were arraigned for murder as defined in s 47(i) of the Criminal Law (Codification and Reform) Act [Cap 9:23]. However they were convicted of the permissible verdict of contravening section s 49 of the Criminal Law (Codification and Reform) Act [Cap 9:23]. This was on the basis of a statement of agreed facts.
I am indebted and grateful to the well-researched and detailed submissions by both counsel for the accused persons in mitigation and state counsel in aggravation. This court cannot be less wiser after such meaningful submissions. More
