LATE Vice-President John Landa Nkomo’s chief security officer and former Zipra commander, Eddie Sigoge (66), yesterday filed a simultaneous bail application and appeal against conviction and for the attempted murder of a Gwayi man and seven others.
RICHARD MUPONDE SENIOR COURT REPORTER
Sigobe cited chronic illnesses and indicated that detention was tantamount to a death sentence for him.
Sigoge’s lawyer Tanaka Muganyi filed the appeal against the four-year sentence passed by Hwange regional magistrate for the Western Division, Dambudzo Malunga.
Muganyi argued that Malunga misdirected herself in fact and law by giving a custodial sentence, which, judging by the circumstances of Sigoge, induced a sense of shock.
He submitted that apart from being harsh, the sentence did not conform to the general sentencing for the aged or elderly sick first offenders in this jurisdiction.
“The appellant (Sigoge) is an elderly first offender of 66 years. Appellant is a sick old man in that, he is hypertensive, suffering from congestive cardiac arrest failure.
Recently on the 15th of February he had a surgical operation twice to replace totally the right hip; he requires physiotherapy three times a week, which facility is not readily available in prison.
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He requires attendances from specialist doctors (surgical surgeons) orthopaedic surgeon specialist appointments at monthly intervals.
“He cannot walk on his own; he walks with the aid of crutches. He needs assistance when waking up or relieving himself,” Muganyi submitted. “He needs proper bedding which is not available in prison. He requires warm water.
“He requires a special diet of light meals as he underwent a major surgical operation in 2007 where he was opened from the diaphragm to the bladder and part of his bowel was removed. He has a poor digestive system that cannot tolerate certain foods.
“Further, appellant was gainfully employed and on the verge of retirement on the basis of poor health.
“Appellant is a family man with eight dependants and appellant is a war veteran who spent the greater part of his life fighting for the country in the bush and training other freedom fighters.”
He said Malunga erred by failing to take into sufficient account in assessing sentence the personal and other surrounding circumstances of Sigoge and, in particular, a prison term was tantamount to a death sentence.
Sigoge was sentenced to six years, two of which were conditionally suspended for five years. In his bail application, he is seeking to be released on $100 bail. He shot and wounded one person in a farm dispute involving Nkomo and Langton Masunda in the Gwayi Conservancy.
Sigoge, a retired army colonel from Lobengula West in Bulawayo, was accused of shooting Patrick, the brother of Langton, and firing shots at a vehicle with seven occupants ferrying the injured Patrick to hospital.
The Nkomo family lashed at the police on Wednesday saying the shooting would not have occurred if the cops had done their job.
Nkomo’s son Jabulani said several police reports were made against Masunda for allegedly interfering with hunting operations at the ranch, but their reports were met with inaction.
