THE STATE
versus
DIGNITY MASVIMBO
HIGH COURT OF ZIMBABWE
MOYO J
GWERU 30 AND 31 JANUARY 2018
Criminal Trial
S Pedzisai for the state
T Kamwemba for the accused
MOYO J: The accused person faces a charge of murder, it being alleged that on 26 April 2017, he stabbed the deceased Oripa Gapare several times all over the body, resulting in deceased’s death.
Documentary exhibits were tendered as follows:
Exhibit 1 - state summary
Exhibit 2 - defence outline
Exhibit 3 - accused’s confirmed warned and cautioned statement
Exhibit 4 - post mortem report
The cellphone that deceased owned a ZTE type was also tendered and marked Exhibit 5.
The facts of this matter are fairly straightforward, accused and deceased separated sometime in October 2016 following a domestic dispute. The now deceased left accused to go and live with her parents. Accused tried in vain to persuade the deceased and her parents so that deceased could come back and live with him. Deceased’s mother insisted on lobola payment as a condition for the return of the deceased to accused’s place. Later on, on 26 April accused then went to deceased’s place of residence, entered the house unannounced, and had an altercation with deceased, dragged her outside and stabbed her 27 times with an okapi knife that he had brought with him.