Filabusi man cracks friend’s skull

News
A MAN from Mbondweni in Filabusi, who caused the death of his workmate at Matshayimpunzi Mine in the Amazon area by smashing his head with a 2,2kg wooden stool during a fight, was yesterday slapped with an effective seven years in prison for culpable homicide.

A MAN from Mbondweni in Filabusi, who caused the death of his workmate at Matshayimpunzi Mine in the Amazon area by smashing his head with a 2,2kg wooden stool during a fight, was yesterday slapped with an effective seven years in prison for culpable homicide.

SILAS NKALA STAFF REPORTER

Collen Ncube (37) had pleaded not guilty to the murder of Thembani Sibanda (32) when he appeared before Bulawayo High Court judge Justice Maxwell Takuva, but pleaded guilty to the lesser charge of culpable homicide.

Ncube indicated that it was not his intention to kill Sibanda and the two had wrestled for the wooden stool, which he grabbed from the deceased and struck him on the head with it cracking open his skull.

Sentencing him, Justice Takuva said he had considered that Ncube showed remorse over what he did and he was the one who ferried Sibanda to hospital using a hired vehicle.

“In aggravation, it was submitted that the offence you committed is serious because you failed to restrain yourself.

“It is clear that there were people who were close who could have rescued you when the deceased attacked you,” Justice Takuva said.

“You were supposed to disarm the deceased and run to the neighbours. In our view, the killing of persons through violence is serious because one loses life. The court has a duty to uphold the sanctity of life. You did not control yourself, leading to the killing of your friend. There were many ways you could have avoided that.”

Justice Takuva said the court was against the defence’s request for him to be fined indicating that since life had been lost, a custodial sentence was appropriate.

“We have also considered that you have been in custody for 12 months awaiting trial. The State has a duty to see to it that the accused is prosecuted in time. Where then prosecution is delayed, the accused has to be discounted.

“You are therefore sentenced to eight years in jail. One year is suspended for five years on condition of good behaviour,” Justice Takuva ruled.

The State represented by Angeline Munyeriwa said on August 2013, Ncube and Sibanda were at Ncube’s residence when an altercation ensued. Ncube took a wooden stool and struck Sibanda once on the right side of the head.

Sibanda collapsed to the ground bleeding profusely and Ncube stood over threatening to kill him.

Two neighbours arrived on the scene and restrained him before attempting to conduct first aid on Sibanda.

Sibanda was ferried to Filabusi District Hospital before being transferred to the United Bulawayo Hospitals where he died on August 29.

Ncube’s workmates, who testified in court, said he had accused Sibanda of hiring thugs to assault him.