HB 158-18 THE STATE versus JAMES NYEVERA

THE STATE

versus

JAMES NYEVERA

 

 

HIGH COURT OF ZIMBABWE

MATHONSI J

GWERU 31 MAY 2018 AND 1 JUNE 2018

 

 

Criminal Trial

 

 

M Shumba for the applicant

T Chivasa for the accused

 

 

            MATHONSI J:          The accused was only 20 years old at the time the events forming the basis of this criminal case unfolded at Muponda Business Centre in Shurugwi District.  On the night of 24 October 2016, the Gwatipedza family comprising of the elderly Alice Mateo and her children who included Shalom Gwatipedza who is now deceased, Nancy, Salem and Emmanuel had proceeded to that shopping centre accompanying Nancy to board transport that would take her to her own home in Gutsaruzhinji village.  Emmanuel was also proceeding to his own workplace at Nash mine.  Apparently there had been a family gathering which had brought the family together.

            The state alleges that after seeing off Nancy who had to be accompanied by Salem as it was dark, the trio of Emmanuel, the deceased and their mother had gathered by Mukandi shop when the deceased, who was 24 years old, was attacked with a spear by the accused who stabbed him at the back inflicting an injury from which he later died on 19 November 2016.  As a result the accused is now charged with murder as defined in section 47 (1) of the Criminal Law Code [Chapter 9:23].

 

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