HIGH COURT OF ZIMBABWE
BULAWAYO 17 AND 18 MAY 2018
Ms N Ngwenya for the state
A Ndlovu for the accused person
MOYO J: The accused person faces a charge of murder, it being alleged that on 30 August 2017, he assaulted the deceased and resulting in deceased’s death.
The facts of this matter are largely common cause. The accused’s granddaughter passed on being the third one to die in a row. Deceased did not attend the funeral as a neighbour to the accused. Accused later met deceased on the fateful day and asked him why he had not attended his grandchild’s funeral, deceased was dismissive and said that accused should enquire about that from the kraal head. Deceased allegedly then punched the accused. Accused then plucked four sticks from a nearby bush and assaulted the deceased all over the body. Accused was drunk at the relevant time. The accused says he was hurting about the death of his grandchildren from the same type of illness at the material time. The post mortem gives the cause of death as:
1) Subarchnoid haemorrage
2) Blunt force trauma assault
The following exhibits were tendered before the court:
- The state summary
- the defence outline
- the affidavit of the police officer who identified deceased’s body to the pathologist.
- the post mortem report
- the accused’s confirmed warned and cautioned statement and the sticks that were allegedly used in the commission of the offence. All these were duly marked.