A NKAYI rape convict, serving an 18-year prison term, was on Tuesday slapped with an effective five years imprisonment on a culpable homicide charge, after he fatally assaulted his cousin with a log following a misunderstanding over beer. Tinashe Mungazi Own Correspondent
Vusa Maphosa (24) was acquitted of murder charges, but found guilty of culpable homicide, when he appeared before High Court judge Justice Lawrence Kamocha, who was sitting with assessors during the third term of the Hwange High Court circuit.
Maphosa was sentenced to 18 years in prison by a Bulawayo magistrate for a rape offence he committed in Nkayi earlier this year.
Four years of the sentence were suspended for five years on condition of good behaviour.
According to facts agreed between the State and the defence counsel, on October 28 2010 at around 1am, Maphosa, the deceased Nhlanhla Ncube, Hezeleti Moyo and Philani Ncube were drinking beer at Dumisani Moyo’s homestead in Dankamberi village, Nkayi.
As they were drinking, Nhlanhla attempted to pour beer on the accused, but was restrained by Hezeleti and Philani.
The deceased then picked up an axe and tried to assault Maphosa with it, but he managed to dispossess him of the axe.
He then threw away the axe and picked up a log, which he used to assault the deceased once on the head, resulting in Nhlanhla bleeding from the nose and ears and failing to speaking.
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He was rushed to Zenka Clinic before being referred to Nkayi District Hospital, but he died on the way.
In mitigation, Maphosa said the death of Nhlanhla was accidental as he was drunk and weighed heavily on him as he was his cousin.
“Your honour, I ask this honourable court to be lenient with me as I had no intention of killing Nhlanhla. The burden of his death is weighing on me every day as he was my cousin,” he said.
“I was drunk and did not entirely know what I was doing.”
He was represented by Dorothy Zihove of Mashindi and Associates, while Memory Munsaka prosecuted.
