TWO Masvingo prisoners who were serving death sentences for killing an army captain after they were offered transport to Zaka from Masvingo have been resentenced to life imprisonment following the abolition of capital punishment.
Deputy Judge President and Masvingo High Court judge Justice Garainesu Mawadze commuted Admire Maovere and Windas Munzweru’s sentences to life imprisonment after they were convicted and sentenced to death on October 15, 2018.
The court heard that Maovere, Munzweru in the company of Nyasha Sango, who is still at large, planned to rob motorists along the Gutu-Roy Road.
The trio were armed with a knife and a pepper spray.
Late at night, the three were offered a lift by the now deceased army captain in Gutu, who was going to his rural home in Zaka and as they approached the Masvingo-Mutare Road, they asked to be dropped off.
The now deceased complied and the trio demanded money from the now deceased, who resisted.
The three attacked him with fists, pepper-sprayed him and fatally stabbed him.
The deceased’s body was put in a loading box on the lorry and they drove to Masvingo, where they abandoned the lorry and the body along Masvingo-Beitbridge Road at Craft Centre after stealing the now deceased’s valuables.
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Police later discovered the body of the now deceased and investigations led to the arrest of the two.
The personal circumstances of both prisoners were outlined, with the two prisoners aged 28 and 26, and each had two minor children.
From October 5, 2018, to date, they have served almost seven years each.
The judge said both prisoners had previous convictions for robbery and that made it imperative for society to be protected from such persons.
“In sentencing both prisoners, the court is guided by the provisions of both section 47(2) and (3) of the Criminal Law [Codification and Reform Act] (Chapter 9:23) together with the Criminal Procedure (Sentencing Guidelines) Regulations Statutory Instrument 146/23.
“This offence was committed in aggravating circumstances as outlined in section 47(2) of the Criminal Law (Codification and Reform Act (Chapter 9:23) [the Criminal Code].
“This offence of murder was committed in the course of a robbery as provided for in section 47(2)(a)(ii) of the Criminal Law Code. In terms of section 47(2)(c), the death of the now deceased was preceded by torture as the now deceased was brutally assaulted, pepper-sprayed, dragged out of his lorry and stabbed with a knife several times.”
Justice Mawadze said there was premeditation in the commission of the offence as per section 47(3) of the Criminal Law Code.
“This was a gang offence involving people who sat down, planned and agreed to commit this offence. There are aggravating factors in this matter. In terms of the sentencing guidelines, the presumptive penalty where there are aggravating factors is 20 years imprisonment. If mitigatory factors exist, the presumptive penalty is 15 years' imprisonment.
“This court is at pains to find any mitigating factors as envisaged in the sentencing guidelines. The now deceased was not the aggressor. Instead, he was a good Samaritan who innocently offered the prisoners a lift.
“The now deceased was not involved in any criminal conduct. He was proceeding to his rural home in Zaka to see his family. Both prisoners did not act out of passion but sheer cruelty and misguided greed. There is no provocation at all to mitigate their conduct.”
Justice Mawadze said what was clear was that there were many aggravating factors which elevated the moral blameworthiness of both prisoners, since there was premeditation.
“The murder was committed in the course of a robbery. Both prisoners and Nyasha Sango acted in common purpose. It would be folly, therefore, for this court to try and treat each one of them differently.
“Again, the now deceased was subjected to cruel, degrading treatment or punishment, which also involved torture. It is worse that weapons like a knife and a pepper spray were used to subdue the now deceased. The now deceased died a painful death.”
The State led evidence from the now deceased’s eldest daughter Memory Egnes Jeketera who outlined the pain and anguish they suffered as a family due to the now deceased’s sudden death.
The now deceased had two wives and 11 children and was the sole breadwinner.
The judge said the family had to sell beasts to raise school fees for the children and the other children failed to complete secondary education and had to go to South Africa to fend for themselves.
“The deceased’s family was not given any funeral assistance by the prisoners or the families of the prisoners. No compensation was paid by the prisoners or members of their families. The demise of the now deceased, therefore, caused immense suffering to his two wives and 11 children. One can sympathise with Memory Egnes Jeketera, who asked for a sentence of life imprisonment,” he said.
