The ManicaPost
Tendai Gukutikwa
Post Reporter
THE Mutare High Court has shown leniency to a Zimunya man who was convicted of murder, citing his youthfulness as a mitigating factor, which deterred the court from giving him a death sentence.
In passing his judgement recently, Justice Isaac Muzenda said the court ruled that the death penalty is not appropriate for 28-eight-year-old Tinashe Zimunya, even though he murdered Mr Charles Farai Musanga brutal manner.
Instead of the death penalty, Justice Muzenda sentenced Zimunya to life imprisonment.
Justice Muzenda said he hopes that Zimunya will be rehabilitated in prison.
“Had it not been for your age, I would have sentenced you to death. You should be grateful because your age has saved you from the death sentence,” said Justice Muzenda.
Zimunya of Gosho Village under Chief Zimunya was convicted of murder as defined in Section 47 (1) (a) or (b) of the Criminal Law (Codification and Reform) Act, Chapter 9:23.
Ms Jane-Rose Matsikidze prosecuted.
The State heard that Zimunya and Mr Musanga were among revellers at Sunshine Bottle Store, Saunyama Business Centre in Mutare on July 6, 2022 when the incident happened.
“At around 6pm, Mr Musanga left the bottle store and went to his room behind the grinding mill at the same business centre.
“Zimunya followed the elderly man and grabbed him by the neck, demanding money. He went on to strike the man with an unknown object on the head, which led to him falling to the ground.
“He then searched Mr Musanga’s pockets and took a Nokia Lumia cellphone. He entered into the deceased’s room and stole an Itel cellphone which was on the charger,” said Ms Matsikidze.
Mr Musanga was seen lying on the ground later that night by a passer-by who then called out for help.
The next morning, Mr Musanga’s son was informed of the incident and ferried his father to Dangamvura Clinic then to Victoria Chitepo Provincial Hospital.
Mr Musanga was transferred to Sally Mugabe Hospital in Harare where he was treated and discharged.
The assault was only reported on August 3, 2022.
“Mr Musanga’s condition deteriorated after his discharge from the hospital and on August 11, 2022, he was ferried to Victoria Chitepo Hospital where he was pronounced dead on arrival. A post-mortem examination concluded that his death was a result of head injury secondary to assault,” said Ms Matsikidze.
The court also heard that after assaulting Mr Musanga, Zimunya approached Mr Tawanda Makedenge and tried to sell him the two stolen phones.
Testifying in court, Mr Makedenge said during the fateful night, Zimunya approached him selling two phones.
He, however, did not buy any of them.
“At some point I opened a packet of snacks that Zimunya had bought and this angered him. He left the bottle store in a rage and when he returned, he was armed with a knife and a stone.
“We started fighting and as we fought, I took the two phones from his pocket as I suspected they were stolen. I later learnt that the cellphones had been stolen from Mr Musanga,” said Mr Makedenge.
He said he later contacted Mr Musanga’s son, John, and returned the phones.
A neighbour, Ms Verna Masukume, said she heard Mr Musanga calling out for help and telling Zimunya (using his nickname) that he did not have anything.
“I heard him shouting that, “Zadumbu handina chinhu (Zadumbu I do not have anything)”. Zimunya’s nickname was Zadumbu.
“About 20 minutes later, my neighbour, Ms Junior Gondo, informed me that Mr Musanga was lying on his room’s doorstep,” she said.
