HB 034-18 THE STATE versus THEMBA MOYO

THE STATE

versus

THEMBA MOYO

 

 

HIGH COURT OF ZIMBABWE

MOYO J

GWERU 8 FEBRUARY 2018

 

Criminal Trial

 

 

T Mupariwa for the state

Mashanyare for the accused person

 

 

            MOYO J:       The accused person faces two counts of murder it being alleged that on 23 February 2017, at Nyama General dealer, he struck the first deceased Netsai Maruvisa with an axe on the head resulting in her instant death.

The accused person further, on the second count struck the second deceased Mthabisi Moyo with an axe on the head, killing him instantly.

A plea of not guilty was entered as per procedure although upon pleading the accused person had admitted to both charges.

The state summary defence outline, accused’s warned and cautioned statement and the two post mortem reports were the documentary exhibits that were tendered before this court and they were duly marked.  Both post mortem reports give the cause of death as severe brain damage, skull fracture, chop wound. 

A big axe and a smaller axe were also tendered as the weapons that were allegedly used in the commission of the offence.

The evidence of the following witnesses was admitted into the court record as it appears in the state summary in terms of section 314 of the Criminal Procedure and Evidence Act.  The evidence of:

1.         Lucia Maruvisa

2.         Robert Mandiwa

 

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