Published by the government of Zimbabwe
8 July 2009
Harare — A HARARE man who murdered a vendor after an argument over payment for a boiled egg has been sentenced to an effective five years in jail.
Freddie Russell (29) fatally assaulted Tafadzwa Nyabanga for demanding payment for an egg he had bought from him outside Sports Diner along Samora Machel Avenue in May last year.
Nyabanga died of head injuries after Russell smashed his head against a steel wall.
Russell had pleaded not guilty to murder during trial, but High Court judge Justice Tedias Karwi sitting with assessors Mr Alexander Mhandu and Mr Paul Chidyausiku last Thursday found him guilty of culpable homicide.
The judge sentenced Russell to six years in jail but conditionally suspended one year.
In his ruling, Justice Karwi said in light of the evidence, the court could not impute any actual intent on the part of Russell.
He noted Russell had not premeditated the assault and that he had tried to help his victim when he realised he was seriously hurt.
The court heard that on May 15 last year, Nyabanga was selling boiled eggs when Russell and his friends approached him. One of Russell's friends, Tafadzwa Katete, bought boiled eggs from Nyabanga and asked Russell to look for loose money with which to pay Nyabanga.
But a misunderstanding developed between Russell and Nyabanga, resulting in the former bashing the latter's head against the steel wall.
When Nyabanga fell, the court heard, Russell also kicked him on the head.
Through his lawyer, Mr Evans Moyo of Scanlen and Holderness, Russell denied having any intention to kill Nyabanga.
In his defence outline, he admitted he was involved in a scuffle on the fateful day.
He claimed when "the unfortunate incident" happened, it never occurred to him his actions would result in Nyabanga's death.
Mr Felix Matsinde of the Attorney-General's Office appeared for the State.
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If the murderer was a youth brigade he could have gone scot free. Similarly if the murderer's background is well traced there could be some connection with the Attorny General or one of the Zanu PF so called hardliners. Zimbabweans do not trust these guys.
what a joke!!!that's all the poor guy's life worth?5f**ckn years?!..well Mr Mugabe,now you must be proud of your product!!!!!