Home » Judicial » Pair Gets 14 Years for Fatally Assaulting Reveller

TWO soldiers will spend 14 years in jail for killing a Central Intelligence Organisation operative in a taxi fare dispute in Harare two years ago.

Brown Mwale (40), who worked in the CIO’s Counter Intelligence Branch in Harare, was killed after hiring a taxi at a nightclub in Glen Norah on April 17, 2012.

Blessing Nyakwima (29) and Nkazimulo Nkomo (29), who were based at Inkomo Barracks, were jointly charged with taxi driver Vitalis Nyakwima (31) and Damascus Tafa (28) for the murder.

They denied the charges.

But High Court judge Justice Ester Muremba – sitting with assessors Mr Campion Gonzo and Mr Sibert Shenje – found Blessing Nyakwima, Nkomo and Tafa guilty of murder with constructive intent and jailed them for 14 years each.

Vitalis Nyakwima was acquitted after the State failed to prove a case against him.

Justice Muremba said they committed the crime while under the influence of alcohol.

“Life was needlessly lost in circumstances which did not call for the accused to react in the manner they did,” said Justice Muremba. “No amount of punishment can restore the life lost. The two accused persons (Blessing and Nkomo) as soldiers are expected to be highly disciplined in the society.”

On April 17, 2012 at around 11pm, Mwale was drinking alcohol with three friends – Thulani Gumbo, Amos Mukwena and Mavhuto Basikoro – at a nightclub in Glen Norah.

They hired a taxi driven by Vitalis Nyakwima, who charged them US$5 to go to Waterfalls.

After driving about 10 metres, the driver stopped the car and demanded payment up-front, resulting in an argument with his passengers.

Vitalis Nyakwima called his brother Blessing and his friends, Nkomo and Tafa and the four ganged up against Mwale, punching and kicking him as they ordered them out of the vehicle.

Gumbo, Mukwena and Bhasikoro fled, leaving Mwale behind.

The four accused briefly left the scene when they saw a police patrol, and Mwale’s friends returned to help him.

However, as they walked home along Sebakwe Road, the gang re-emerged and again attacked Mwale. They bundled him into the taxi and drove off.

Mwale’s body was found dumped near the place commonly known as “KuMbudzi”.

Mr Norman Mugiya acted for the four and law officer Mr Albert Masamha appeared for the State.

Source : The Herald