A 31-YEAR-OLD man was yesterday sentenced to an eight-year jail term by a Harare magistrate after he was convicted of murdering a man who was restraining prostitutes fighting at a night club in the high-density suburb of Highfield.
BY DESMOND CHINGARANDE
Collen Ben was convicted by magistrate Elijah Makomo after a full trial and will effectively serve six years after two years were suspended on condition of good behaviour.
Ben had pleaded not guilty to the charge, saying he was acting in self-defence when the now-deceased, Surence Mbwembwe, attacked him.
He also told the court that he lost a tooth as a result of the fight with Mbwembwe.
However, magistrate Makomo dismissed Ben’s defence, saying Mbwembwe died as a result of his blow.
Makomo also quoted the medical affidavit, which indicated that Mbwembwe died as a result of a fracture on his head.
The court was told that on January 17 last year at around 2am, Mbwembwe was drinking beer at Club Joy Nite Club in Highfield when two unknown ladies started fighting.
One Edwin Gutsa and Mbwembwe proceeded to restrain the two from fighting.
This did not go well with Ben and a misunderstanding ensued, resulting in Ben assaulting Mbwembwe with a clenched fist once on the face and he fell on his back.
Mbwembwe was taken to Machipisa Police Station by his friends and was referred to Harare Central Hospital for medical examination.
He succumbed to the injuries while waiting for an ambulance to take him to Parirenyatwa Group of Hospitals for further examination.
Ben was arrested on the same day. A post-mortem was conducted by a Dr Javangwe, which revealed that Mbwembwe’s death was caused by complications of blunt force on the head.
Molly Mtamangira appeared for the State.
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