Gweru 13-roomed house burner sentenced to 10 years in prison
By Dumisani Ndlovu
A Gweru man who burnt down a 13 roomed house worth over US$22 000 over a bar joke in Woodlands Park has been slapped with 10 years in prison for assault and two counts of malicious damage to property by the Magistrates’ Court.
Gweru Magistrate Nixon Mangoti convicted Joseph McCarthy (46) of one count of assault as defined in section 89 1(a) (b) of the Criminal Law Codification and Reform Act Chapter 9:23 and two counts of malicious damage to property as defined in section 140(a) (b) of the Criminal Law Codification and Reform Act Chapter 9:23.
Of the 10 years given, three years were suspended on condition that McCarthy does not commit a similar crime, an additional four years set aside on condition that he restitutes the complainant Rebecca Nyathi of US$21 000 and 1 year suspended on condition that he pays US$755 to Munyaradzi Munyanyiwa remaining with an effective 2 years in prison if he manages the restitution.
In passing the sentence, Senior Magistrate, Mangoti said “Despite being a first offender, you committed a very serious crime. The committed offence was pre-meditated, you planned to attack the complainant at the beer hall. And followed him home where you again attacked the accused.
“As if that was not enough, you actually took a box of matches and burnt a property worth US$22 000. You put the law into your own hands. It is the duty of the court to send a strong message to the public that such magnitude of assault and malicious damage will not be condoned by the courts; and the courts must protect the vulnerable members of our society, hence a custodial sentence is the best punitive way to make you reform,” said Magistrate Mangoti.
On count one, Magistrate Mangoti sentenced McCarthy 60 days in prison wholly suspended on condition that he pays a US$100 fine.
The jurist treated count two and three as one for purpose of sentence.
“On Count two and three you are sentenced to 10 years in prison, three years suspended on condition that you do not commit a similar crime in the next five years. Of the remaining seven years one year is suspended on condition that you pay US$755 or ZiG equivalent.
“The remaining six years, whilst an accused person may find it difficult to raise the money required for the payment of a restitution, the court will give you a chance to restitute the complainant the sum of US$21 660 on or before 20 May 2024.If you manage to pay the amount, you will serve effective two years,” said Magistrate Mangoti.
The court heard that on April 17, 2024 McCarthy who was drinking beer with the complainant, Munyaradzi Munyanyiwa’s brother Rodreck at Lisomu Bar in Woodlands Park Phase 1, the two had some jokes which did not go down well with the accused person and the complainant’s brother left the bar going home. The accused person went to the complainant’s house looking for complainant’s brother Rodrick and found the complainant in his room.
The accused asked for the whereabouts of the complainant’s brother and they had a misunderstanding. The accused then assaulted the complainant on the face several times using clenched fists. Complainant ran away, leaving the accused in his room. The complainant sustained a swollen left eye.
Public Prosecutor, Christine Shoniwa told the court that the accused then set fire to the complainant’s blanket, which quickly spread, burning down Rebecca Nyathi’s 13-roomed house.
“The accused person set fire to the complainant’s blanket and the fire spread to the rest of the house burning down Rebecca Nyathi’s 13-roomed house,” said the prosecutor.
The court further heard that after committing the crime McCarthy fled the scene and passed through the Woodlands Phase 1 Shops and told a security guard what he had done. He was apprehended by Munyaradzi Munyanyiwa and his neighbours who handed him over to police.
