THE STATE

versus

DESCENT MAPOSA

HIGH COURT OF ZIMBABWE

MATHONSI J

GWERU 21 MAY 2018 AND 22 MAY 2018

Criminal Trial

S Pedzisayi for the state

A Chihiya for the accused

            MATHONSI J:          At the time of the alleged offence on 20 August 2017 the accused person was a mere boy being only 18 years old but he was already engaging in activities reserved for older people he having been employed as a vendor at the Edgars Stores Flea Market in Zvishavane.  He was also known to consume alcohol to such an extent that when under the influence of alcohol he would be violent in the extreme.

            The accused person is now facing a charge of murder in contravention of section 47 (1) of the Criminal Law [Codification and Reform]Act [Chapter 9:23].  The allegations are that on 20 August 2017 and at Edgars Stores Flea Market Zvishavane he stabbed the deceased Menshevick Goromondo Moyo (the deceased) another Flea Market vendor, with an okapi knife inflicting injuries from which he later died.  At the time the deceased was aged 23.  The accused pleaded not guilty to the charge and did not even tender a limited plea of guilty to a lessor offence.

            In his defence outline the accused stated that on the day in question he was indeed at the Flea Market selling his wares comprising of cellphone accessories.  When asked by a customer to fix a cellphone screen he had approached his friend Luckmore Matayaya, who manned a