Zim Killer Escapes Death

Lebogang Mosikare | Monday October 26, 2015 14:33

 

Willas Munyaradzi Maphorisa was convicted of killing Vivian Monedi Moyo, 79, at Block 5 location in 2007 and was sentenced to 20 years in jail.

In addition, Maphorisa was sentenced to another 10 years in jail for stealing clothes from Moyo’s place on the same day after killing him. The sentences are to run concurrently and were backdated to June 10, 2007 when the accused was first incarcerated.

He was advised to call on the Court of Appeal within six weeks if he is not satisfied with his conviction and sentence. Maphorisa was 23-years-old when he committed the offences.

Passing sentence, Justice Gaolapelwe Ketlogetswe said that the accused was a first offender.

“I will consider that when passing sentence. The accused is also of rustic background who has never had formal education.  He is also taking care of his unemployed mother, two sisters and nine-year-old child, which I will also consider when passing sentence,” said Ketlogetswe.

On the flipside, Ketlogetswe said that the accused has committed serious offences, one of which carries a maximum sentence of capital punishment and the other a minimum sentence of 10 years in jail, with reference to murder and robbery respectively.

“He committed the offences against an old man whom he used to help at his place. He was also well known to the deceased’s wife as he sometimes helped her at her tuckshop. There can never be betrayal of trust than this when a person who used to help you becomes your attacker and killer,” said Ketlogetswe.

In mitigation, the accused’s attorney Reneetswe Rabosotho submitted that without trivialising the seriousness of the offences, Maphorisa committed the offence when he was 23-years-old.

“We submit that he was quite youthful and youthfulness exuberance may have influenced him to commit the offences. We also submit that in this case there is no clear evidence as to what caused the death of the deceased and subsequent stealing of clothes at Moyo’s yard,” Rabosotho said, adding that the offence was not premeditated.

Rabosotho said being from a rural background and uneducated, he lacked the right mind of judgement to carefully distinguish between right and wrong”.