A ZVISHAVANE man who found his brother n.aked in his bedroom and assaulted him to death on Monday walked out of the courts a free man after he was given a wholly suspended sentence.
Gatsha Masotsha, 29, was facing culpable homicide charges. Masotsha found Aleck Masotsha Moyo in his spare bedroom n.aked and heavily beat him before tying him and releasing him.Aleck was found dead the following morning in the room he was sleeping.
Masotsha, through his lawyer, Brian Dube however successfully challenged the culpable homicide charge, which was reduced to assault allegations. He argued that he attacked his late brother in the dark “as an intruder” and only realised it was him after a fight between the two men.
Masotsha said he was not negligent in causing Aleck’s death as their fight was a result of an attack by an unknown stranger.Both the prosecutor and Masotsha’s defence counsel concurred that a non- custodial sentence was proper in the circumstances though the latter called for a heavy fine.
But Magistrate Nemadire said the court found no compelling reason to order both culpable homicide and a heavy fine. He said although a life was lost, the deceased was attacked after Masotsha made a shock discovery that someone was having s.ex with his wife.
“He attacked an intruder after this shock discovery only to unfortunately discover it was his cousin brother,” Nemadire said before handing Masotsha a three year wholly suspended sentence.
Prosecutors told the court that in March 2006 Masotsha travelled from Bulawayo to his rural home in Zvishavane. At around 1am, he knocked on the bedroom door and his wife opened for him.When the couple was enquiring about each other’s social well-being, a loud sound was heard from a nearby spare bedroom.
Masotsha’s wife went to check but she returned tell her husband there was nothing.Unsatisfied, Masotsha proceeded to the room, which was dark and realised a moving object but was suddenly attacked.Masotsha then assaulted the deceased with fists and booted feet all over the body.
He went on to hit his head against the floor and wall before grabbing a wood drill in the dark to strike him, prosecutors said.
He then grabbed a rope in the room and tied the deceased. On turning the lights on, he realised that it was his cousin brother who lived at his homestead.
The deceased then allegedly confessed that he had a s.exual affair with Masotsha’s wife.Masotsha then untied Aleck and ordered him to go and sleep in his room so that they could discuss the matter as a family the following morning.Aleck was, however, found dead in his room and a report was made to the police leading to Masotsha’s arrest.
Source: NewZimbabwe
Masotsha, through his lawyer, Brian Dube however successfully challenged the culpable homicide charge, which was reduced to assault allegations. He argued that he attacked his late brother in the dark “as an intruder” and only realised it was him after a fight between the two men.
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| Zvishavane Man Who MURDERED His Brother Walks Out Of The Courts A Free Man |
But Magistrate Nemadire said the court found no compelling reason to order both culpable homicide and a heavy fine. He said although a life was lost, the deceased was attacked after Masotsha made a shock discovery that someone was having s.ex with his wife.
“He attacked an intruder after this shock discovery only to unfortunately discover it was his cousin brother,” Nemadire said before handing Masotsha a three year wholly suspended sentence.
Prosecutors told the court that in March 2006 Masotsha travelled from Bulawayo to his rural home in Zvishavane. At around 1am, he knocked on the bedroom door and his wife opened for him.When the couple was enquiring about each other’s social well-being, a loud sound was heard from a nearby spare bedroom.
Masotsha’s wife went to check but she returned tell her husband there was nothing.Unsatisfied, Masotsha proceeded to the room, which was dark and realised a moving object but was suddenly attacked.Masotsha then assaulted the deceased with fists and booted feet all over the body.
He went on to hit his head against the floor and wall before grabbing a wood drill in the dark to strike him, prosecutors said.
He then grabbed a rope in the room and tied the deceased. On turning the lights on, he realised that it was his cousin brother who lived at his homestead.
The deceased then allegedly confessed that he had a s.exual affair with Masotsha’s wife.Masotsha then untied Aleck and ordered him to go and sleep in his room so that they could discuss the matter as a family the following morning.Aleck was, however, found dead in his room and a report was made to the police leading to Masotsha’s arrest.
Source: NewZimbabwe
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