Source: Cop killers must hang: Prosecutor | The Herald September 9, 2016
Fidelis Munyoro Chief Court Reporter
The prosecution has called for the death sentence on the three MDC-T activists who killed Police Inspector Petros Mutedza in Glen View, Harare, five years ago.
Tungamirai Madzokere (41), who was then councillor for Glen View Ward 32; Yvonne Musarurwa (29), the party’s youth deputy secretary; and Last Maengahama (40), a member of the party’s national executive,;were found guilty of murder with actual intent.
Their accomplice, Phineas Nhatarikwa, was convicted of a lesser charge of being an accessory after the fact to public violence and released on bail.
Insp Mutedza was brutally stoned to death at Glen View 3 Shopping Centre by MDC-T activists in May 2011.
Addressing the court in aggravation, prosecutor Mr Edmore Nyazamba said the law now allows imposition of the death penalty on convicts of murder in aggravating circumstances.
This follows the recent amendment of the criminal law statute that deals with a crime of murder.
“In view of the amendment of the law, it is important for the court to determine whether the offence was committed in aggravating circumstances,” said Mr Nyazamba.
He said murdering a policeman on duty was on its own an aggravation.
“The deceased sustained several injuries from stone beating. They trampled on him and he suffered excruciating pain.”
Mr Nyazamba said the court should protect the interests of peace by removing the trio from society.
“This can only be achieved if the court passes the death sentence according to the law,” said Mr Nyazamba.
The submission drew angry cat calls from the gallery that was packed with MDC-T top officials and supporters.
Lead defence counsel Ms Beatrice Mtetwa urged the court to consider the circumstances under which the trio was convicted. She blamed the death of Mutedza on the police brutality whenever they deal with opposition party members and members of the public.
“It is actually the police that created the commotion that took place and led to the death of their compatriot,” said Ms Mtetwa.
The lawyer urged the court to take the opportunity of this case to condemn police brutality.
“The highest possible sentence sought would not be justified but clearly fuel the perception of selective application of the law when dealing with certain political players,” she said.
After hearing submissions from both the defence and State counsel, Justice Bhunu Chinembiri — sitting with assessors Messrs Patrick Musengezi and Alexander Mhandu — said he would need sufficient time to consider sentence.
He postponed the sentencing to a later date. Earlier on, the court was briefly turned into a mini rally when the convicts emerged in the dock. Led by Musarurwa, the quartet broke into sloganeering. The party supporters who had come to give their solidarity responded with cheers.
They scrambled to take pictures of the convicts while others were consoling them. All the three MDC-T vice presidents Advocate Nelson Chamisa, Engineer Elias Mudzuri and Thokozani Khupe attended yesterday’s proceedings.
Other notable figures were Renewal Democrats Zimbabwe leader Mr Elton Mangoma, Democratic People’s Party spokesperson Mr Jacob Mafume and legislator Mr Amos Chibaya among others.
COMMENTS
Hanging a few prosecutors and ex prosecutors will benefit the public more
This is simply a matter of “our revolutionary struggle being persecuted by zanu pf party & zanunized Zimabwean courts”.
Instead, the big questions are: where do we go from here? should we allow ourselves to be abused ad infinitum; or is it not high time we declared ‘kusiri kufa ndekupi”?; etc. And then do what will sure have to be done for Zimbabwe – yes; we may conveniently avoid what needs to be done for whatever reason but it will have to be done by us or our off-springs at some point. Not SADC, not AU, America, or even Britain will ever do it for us. We have to do it. Yes, None But Ourselves.
What about Mugabe and Shiri – should they perhaps be hanged for the 20 000 civilian murders in Matabeleland in the 80’s? Is murder not murder when committed by Zanu or Mugabe and Shiri?
if zimbabwe is ever to heal, then leniency is called for in this case.
many murders of mdc activists have gone unpunished – joseph mwale – unpunished; the murder of itai dzamara – unpunished.
the judiciary have been brave recently in allowing opposition demonstrations.
let them now be wise and far-sighted in serving the interests of national healing and justice for all.
IF THE WEST CAN …….GO HANG……THE OPPOSITION……..CAN GO HANG……..etc etc …..Seems to be a culture of hanging ,……..Don’t forget that when “YOU AND YOUR CRONIES”are in the dock for your crimes against humanity…….
Which is worse, killing one cop, or 20,000 Ndebeles. We know who really needs the gallows and their time will arrive.
Glad to see your name again REVEREND: Thought all the regular commentators of years past had gone underground! Very little repartee these days! And I agree with your comment on this subject.
Vana mahobo vezanu ava vanoenda ku traning for 6 months. I am sure one of the things chavanodzidziswa is how to deal with public. Now chinoshamisa pavari ndechokuti when ever vakasvika paruzhinji vanotanga kurova Vanhu zvisina reason. Zvadaro kana Vanhu vavakudzosera kazhinji panozokuvara nevasina mhosva. Zvese izvi zvakonzerwa nokusafunga kwavanhu ava. Mupurisa munhu unokuvarao, saka kana Vanhu ava vachitongerwa rufu nemapurisa ngavatongerweo rufu. Coz they are trained to deal with thise type of situations unlike the public.
Prisoner’s of war don’t kill them. Imi zvamakauraya vazhinji makaurawa nani.