MARTIN MAWAYA
GWERU – A Lalapanzi man narrowly escaped murder charges, but was sentenced to four years in prison for assault and causing death of his 90-year-old grandmother.
Tarisai Chivasa (31) was found not guilty of murder charges but was convicted of culpable homicide by Bulawayo High Court Judge Justice Bongani Ndlovu.
Chivasa will serve an effective one-year prison term after Justice Ndlovu suspended three years for five years.
In delivering the sentence, Justice Ndlovu noted that Chivasa had shown remorse for his actions of negligence and would bear the burden of killing his grandmother for the rest of his life.
Prior to the sentencing, Chivasa’s lawyer, Esau Mandipa of Mandipa, Makwara and Chikukwa Legal Practice, argued that the court should show mercy and impose a reformatory sentence rather than a punitive one.
Mandipa emphasized that his client did not intentionally commit the offense and expressed regret for his actions.
He also requested the court to consider that Chivasa was a first-time offender and had already spent nearly two years in pre-trial incarceration.
It was the state case that on June 28, 2022, at Shindi homestead, Wadzanai farm in Lalapanzi, around 6pm, Petronella Chivasa (90) requested Tarisai to light the fire to warm herself while she sat near the fireplace inside the hut.
The court heard that Tarisai complied and went outside the hut to fetch three logs.
He dropped two of them and kept one, which he then used to repeatedly strike his nonagenarian grandmother on the shoulder, upper cheek, both hands, and head.
During the assault, Petronella fell to the ground, and the accused, in a state of panic, fled the scene.
Petronella was discovered by Ethel Musavengana around 7 pm, lying in a pool of blood and she informed her that Tarisai had assaulted her.
Petronella, the court heard was then transported to Gweru Provincial Hospital, where she passed away the following day.
According to the post-mortem report, Petronella died from hemorrhage, trauma, and assault.
Michael Mhene prosecuted the case.
