Zim man murders war veteran over election results, court told

KEABETSWE NEWEL
Correspondents | Wednesday October 20, 2010 00:00

Willy Kaizer Ncube, 40, is accused of murdering Philemon Nyori in 2008 with a knobkerrie, in Lephiri Lands near Mathangwane village, where they both resided.

Giving evidence, state witness Toshiwe Masocha said, 'The fight broke out over an argument on the Zimbabwe 2008 general election results that were withheld. Apparently the elections were between President Robert Mugabe and Prime Minister Morgan Tsvangirai.'

The witness told court that the accused had just arrived from Zimbabwe and complained of the delay in publicising the results.

The deceased on the other hand accused Ncube of criticising Mugabe and told Ncube that he was a war veteran.It was then that an argument arose over the issue, resulting in the deceased insulting Ncube's mother.

Masocha said, 'The deceased removed an axe from a red sack that he possessed and tried to hack Ncube's head off but he dodged. The accused then grabbed the axe from the deceased and put it down. As if it was not enough, Nyori once again took out a knobkerrie from his red sack and approached Ncube who once again succeeded in dispossessing it,' narrated Masocha. He said Nyori went a few metres away only to return with two bricks saying he was going to demonstrate to Ncube what he meant when he said he was a war veteran.

Ncube is said to have again succeeded in dispossessing the deceased of the bricks.  The accused is alleged to have finally decided to fight back, saying since the deceased was longing for a fight he was now ready to give it to him.

The witness stated that Ncube took a knobkerrie, which the deceased had been trying to hit him with, and struck him. The duo, according to Masocha struggled over the weapon and at one point exchanged fists until the deceased fell down after two strikes.

During cross-examination by defense counsel Keikanetswe Sechele the witness confirmed that the deceased was well known for his violence in the village.

She told the court that Nyori was once detained for assault and causing harm to a certain man.

Masocha continued and confirmed, 'The deceased was not provoked by the accused person because the issue was not directed at him personally. It is only that he liked violence,' clarified the witness.

She added that the deceased even threatened to follow the accused to burn him in his house had he tried running away from him that night. Masocha told the court that according to her there was no reason for the accused to have tried avoiding the deceased by running away from him.  The case continues.