By Dumisani Ndlovu
A 24 year old Kwekwe man, Samson Phiri, has been sentenced for culpable homicide after pleading guilty in court.
The Public Prosecutor, Sharon Chikuni told the court that the incident occurred at 2000hrs on 6 May 2023 Samson Phiri, the deceased and other beerhall patrons were drinking beer at coolhut bar, Tiger Reef Mine in Kwekwe.
“Accused, decease and other patrons then left the bar, proceeding to Tiger Reef Mine Compound. Accused person and the deceased had an altercation over an undisclosed issue. Other patrons tried to mediate but failed, they then left the two shouting at each other on top of their voices,” said Prosecutor Chikuni.
Chikuni added that the accused person then proceeded home, however, the deceased followed him and caught up with him, the deceased then stabbed the accused person with an okapi knife, on the right side of the head behind the ear.
“The accused person who was aged 23 when the crime was commited then disarmed the deceased person and stabbed the deceased on the right thigh with the same knife. The deceased wrestled the accused person, and the accused then struck the deceased with a beer bottle on the head. The deceased collapsed and became unconscious. The accused person left the scene and proceeded to his home,” said the articulate prosecutor.
She further the deceased’s body was discovered by Albert Tembo the following morning. The matter was reported to the police who conducted investigations the matter leading to the accused’s arrest.
Prosecutor submitted to the court a postmortem report signed by a professional medical doctor, Dr S. Pesanayi stationed at Bulawayo United Hospital. The postmortem submitted to the High Court Judge, Bongani Ndlovu dated 12th May 2024 concluded that, the cause of death was Haemorrhage shock, stab wound right thigh and assault.
The accused through his lawyer Miss Fadzai Mrewa from Gundu Dube and Pamacheche Legal Practitioners denied request intention to kill in the form of what she said Dolus directus or dolus eventualis. Rather the accused acknowledged that through his conduct aforesaid he said was negligent in causing the death of the deceased.
The state conceded to the fact that the accused person was negligent in the manner he assaulted the deceased and therefore accepted the accused plea of culpable homicide.
In passing the sentence on the 22nd of May 2024, Judge Justice Bongani Ndlovu said “The accused Stood before this court charged with the crime of murder, he denied the charge but acknowledged. The plea of guilty to a lesser charge of culpable homicide was duly accepted by both the state counsel and defence counsel. The court has no objection over the lesser charge. The altercation between the accused and the deceased started from beer drinking, those who tried to quell the misunderstanding could not succeed. They left the deceased and went home. The deceased stabbed accused on the right side of the head, near the ear. The accused managed to disarm him,” said the judge.
“The mitigation factor is that understandable though not acceptable you, the accused retaliated by stabling the now decease. You stabbed him on the thigh, you would have stabbed him on the similar place but you chose to stab him on the thigh. Having disarmed him you should have thrown away the knife”
“And if you wanted to, revenge should have changed the method of fighting. It is not clear where the knife went but the state papers have it that you ended up using a deferent object. The cort admits to no argument that the deceased was an aggressor. It also admits that you were lucky to be alive had you not managed to disarm him today you could have been the deceased. Luck instead of you now being the deceased you are the accused. It is the deceased who followed you at your home. It is the deceased who introduced the lethal weapon used on the fight,” Judge Ndlovu said.
In passing the sentence, Judge Justice Ndlovu said he considered that the accused person spent prison 12 months in prison while awaiting trial.
“I understand that it took long before your matter was presided over. These are the cases that must be fast tracked. The loss of life is aggravation. Those interested in academia say let’s contextualize. The fact that Samson Phiri is accused for the crime of taking someone’s life is in itself aggravating. However, I am convicted, that the crime you committed is more mitigatory that aggravating. I think those that set sentencing guideline in mitigatory had such case as yours in mind, “said the insightful judge.
Judge Ndlovu said the presumptive sentence of such a mitigatory cases attracts 3 years imprison term if not committed in aggravation.
“ Having said all this, I consider the time spend in prison without bail and that you are young offender and not the author of the crime. In sentencing, the law states that first offenders be treated with utmost leniency so that are given time to reform”
Although the accused’s lawyer, Mrewa advocated for a sentence of community sentence considering that that it the crime was commited because of negligence and that the accused was incarcerated for a year whilst waiting for trial.
“Defense Counsel for the accused had prayed for a community service. I am not convinced that this is appropriate. It must not be forgotten that live was lost and a weapon was used. While there was a window not commit the crime but the accused retaliated after disarming the deceased. There must be teach the community not to use. A judiciary officer must stop and reflect. I prefer an alternative sentence. The Judiciary has observed the nature of the offence.
“It is because of the above that the court do not take culpable homicide as a minor offence. After considering that the community need to learn that taking one’s life in aggravating in nature. I am convinced the following sentence is the most appropriate: 3 years in prison, 2 years suspended for 5 years with the condition that the offender do not commit similar crime of violent nature in the next 5 year,” Judge Justice Ndlovu sentenced.
This means that Phiri will serve an effective one year and the suspended jail term will be affected only if he commits a similar offense within that period.
