Man head butts sibling to death

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A man from Entumbane in Bulawayo headbutted his brother to death, after his sibling accused him of tampering with his home theatre speakers.

A man from Entumbane in Bulawayo headbutted his brother to death, after his sibling accused him of tampering with his home theatre speakers.

SILAS NKALA STAFF REPORTER

Michael Nkala (22) was on Tuesday slapped with an effective three-year jail term for culpable homicide after he caused his brother’s death.

Nkala (22) had pleaded not guilty to a charge of murder, when he appeared before Bulawayo High Court judge Justice Lawrence Justice Kamocha.

He admitted to committing a lesser offence of culpable homicide resulting in the death of his 19-year-old younger brother Emmanuel. Kamocha acquitted him on the charge of murder, but convicted him on culpable homicide before sentencing him to five years in jail.

Two years of the sentence were suspended for five years on condition of good behaviour.In his plea Nkala said: “I am not denying that I caused the death of my brother, but it was not my intention to kill him.”

His lawyer Nozabelo Ndlovu indicated that he was pleading not guilty to murder, but to culpable homicide. In mitigation Ndlovu submitted that her client was a first offender, an orphan and a brother to the deceased.

“The deceased accused someone of tampering with his home theatre speakers,” she said.

“He was drunk. The accused as an elder brother wanted to chastise his younger brother and told him that he was being disrespectful.”

But Justice Kamocha interjected, asking: “Ah someone gets home finds his radio not working and asks who has done something to it, how is that disrespectful? Why should he be killed for that?”

“My lord, he was drunk and he did that under the influence of beer,” Ndlovu responded.

“Being drunk; is it a license to kill others?” shot back the judge. “The accused went overboard in doing that my lord,” the lawyer said.

“The accused did not waste police and court’s time, as he admitted causing death of his younger brother. The accused is traumatised by the death of his brother. He has to grieve for the rest of his life. My lord his level of responsibility was diminished by drunkenness. He also spent one year in remand prison awaiting trial since his arrest in August 2013.” Ndlovu proposed a jail term of 12 months for the accused.

“In this case deceased enquired about his property and was killed for that. He had done nothing wrong, he did not even point to accused to say that he was the one who damaged his radio and was killed for that, is that not being bullish?” Justice Kamocha asked.

“And now you want him given 12 months? What will people say? They will think that killing someone for asking about his or her belongings is not a crime.”

Justice Kamocha said accused launched an attack on the deceased causing unnecessary loss of life, and a sentence of between 10 to 15 years was appropriate, but considering the fact that Nkala had spent one year in jail before trial and the fact that he killed his brother without intention he was sentencing him to five years.