The Sunday News
Thulani Ndlovu Court Correspondent
A 23-year-old Bulawayo man allegedly killed his drinking colleague after the deceased failed to contribute four rand towards the purchase of two litres of opaque beer. The accused purportedly struck the deceased, Ronald Dhliwayo with a quarter brick on the head and he instantly died. Zibusiso Mpofu of House Number 1718 Cowdray Park, appeared at the High Court last week on Friday facing a murder charge.
According to the State outline, the accused and the now deceased were drinking beer together at Corner Lobengula Street and 13th Avenue when Mpofu requested the now deceased to contribute four rand to buy beer, but he indicated he had no money. The accused refused to accept that the man had no money and a misunderstanding ensued that degenerated into a fist fight.
Prosecuting Ms Nothabo Ngwenya told the court that the fight resulted in the accused pursuing his victim along Railway Avenue where he caught up with him and fatally struck him with a brick.
“The duo went outside the bar and crossed Lobengua Street towards Zesa Power Station where a fist fight ensued. The accused fled towards his place of work at Railway Avenue with the deceased in pursuit of him.
“The accused was caught by the deceased and the accused picked up a brick and struck the deceased on the back. The deceased temporarily retreated when a member of the public restrained them. But the deceased went back to the accused where the fight resumed,” said Ms Ngwenya.
She further told the court that during the second round of the fight the now deceased fled from the scene but the accused gave chase.
“The deceased ran crossing the Railway Avenue heading northwards and slipped near EE Electronics shop. The accused caught up with him and then struck the deceased with a brick on the right side of the head just above the ear, killing him on the spot.”
Njabulo Dube, first State witness told the court that on the day the accused killed the man he was in their company.
“We were drinking together with the accused and the deceased. The accused asked Ronald to go and buy some beer. Ronald replied that he had no money to buy more beer.”
“The accused then returned six empty beer pints to the cashier where he was given six rand for exchange of the bottles. Then the accused returned and requested for four rand from the deceased so that they could buy a calabash but the deceased insisted that he had no money.”
He added: “The accused pulled the deceased outside the bar, and the two got into a fist fight. The accused fled towards Railway Avenue pursued by the deceased and I followed them 10 minutes later where I found the deceased lying on the ground.”
Another State witness, Wellington Sithole told the court that he saw the accused and the deceased fighting. “I asked the duo why they were fighting and the deceased said he wanted his four rand from the accused. I advised them to stop fighting but they pursued each other and I saw the deceased falling on the edge of the road and the accused picking a quarter brick and hitting the deceased.”
Through his lawyer, Prayer Muzvuzvu of Muzvuzvu and Mguni Law Chambers the accused denied the charge of unlawfully and intentionally taking Dhliwayo’s life.
It was his contention that his intoxication, though self-administered, exaggerated his level of reaction to provocation.
“At the material time, the accused was extremely drunk, the intoxication of which militated upon his appreciation of the distinction between moderate and extreme force and reckless attack as well as whether or not any cause was worth engaging in a mortal combat for,” said Mr Muzvuzvu.
He added; “The accused now in his sober senses, regrets being responsible for the demise of the deceased and puts himself in the hands of this honourable court.”
The accused pleaded to a less charge of culpable homicide. Culpable homicide is the negligent and unlawful killing of a person while murder is the intentional and unlawful killing of a person.
“Wherefore, the accused prays that he be found not guilty of murder with actual intent, but guilty of culpable homicide,” Mr Muzvuzvu requested.
High Court Judge Justice Maxwell Takuva reserved his judgment.
