Man Jailed 20 Years For Supplying Friend With Knife Used To Kill Silobela Bar Patron
Timothy Mathonsi has been sentenced to 20 years in prison for his role in the killing of an 18-year-old man during a confrontation over music at a Silobela bar.
Although Mathonsi did not stab the victim, Simon Dube, the High Court found that he played a significant role in the murder by giving a knife to the man who carried out the attack and later helping him escape.
Justice Munamato Mutevedzi, sitting with assessors Nemapare and Musiyazviriyo, ruled that Mathonsi’s actions amounted to active participation rather than that of an innocent bystander.
Also Read: Ex-Prison Officer Jailed 50 Years For Killing Wife And Pregnant Daughter In Kadoma
Fight Escalates At Bar
According to The Herald, the fatal incident happened on 16 August 2018 at Gombe Bar at Wozoli Business Centre in Silobela.
Dube had been drinking with his brothers when a disagreement broke out with Handsome Ngwenya over the music playing at the bar.
Ngwenya grabbed Dube by his collar and dragged him outside, with several people following them. The confrontation appeared to have ended after other people intervened.
However, the situation later turned deadly.
According to evidence accepted by the court, Mathonsi and Ngwenya moved towards a nearby road, where Mathonsi handed Ngwenya a knife.
Dube was subsequently making his way back towards the bar when Ngwenya charged at him.
The two men fell to the ground and wrestled before Ngwenya stabbed Dube twice in the chest and once at the back of his head.
Dube managed to get back on his feet and walked approximately 20 metres before collapsing.
He was taken to Kwekwe District Hospital but was pronounced dead on arrival.
Witnesses Saw Knife Being Handed Over
The prosecution relied on evidence from Farai Dube and Edmore Mpofu, who told the court that they witnessed Mathonsi handing the weapon to Ngwenya.
Farai said he was about eight metres away when he saw the exchange.
Edmore identified the weapon as a Columbia knife with a black handle and told the court that he had earlier seen Mathonsi carrying it.
The court found the two witnesses credible and said their accounts supported each other.
Mathonsi, however, denied giving Ngwenya the knife and rejected the allegation that the pair had acted with a shared criminal purpose.
His defence was further challenged by a blood-stained T-shirt recovered from him.
Mathonsi acknowledged that the shirt belonged to him but claimed blood had splashed onto it.
The explanation was rejected by the court.
Justice Mutevedzi described Mathonsi’s version as scientifically improbable and said his conduct both before and after the stabbing pointed to his involvement in the crime.
Court Says Mathonsi Shared Responsibility
A key issue before the court was whether Mathonsi could be found guilty of murder despite not personally stabbing Dube.
The court found that he could.
Under Section 196A of the Criminal Law (Codification and Reform) Act, a person who acts together with another with the required criminal intention or foresight may be held liable as a co-perpetrator.
Justice Mutevedzi said Mathonsi must at least have appreciated that handing a knife to someone involved in a violent confrontation created a real possibility of serious injury or death.
“He directly altered the nature of the fight by introducing a deadly weapon. The offender did not physically inflict the fatal stab wounds, but the evidence established beyond reasonable doubt that he actively associated himself with the commission of the offence,” said Justice Mutevedzi.
Mathonsi’s conduct after the stabbing also influenced the court’s findings.
Instead of assisting the injured Dube, he was found to have encouraged Ngwenya to flee before leaving the scene himself.
The court said such behaviour was inconsistent with the conduct of an innocent bystander.
20-Year Sentence Imposed
The State had asked for a 20-year prison sentence, while the defence argued for 10 years.
However, the court said it could not impose a 10-year sentence because the law provides for a minimum of 20 years when murder is committed in aggravating circumstances.
The use of a lethal knife placed the offence in that category.
The court also considered life imprisonment but found that it would be excessive given Mathonsi’s personal circumstances.
He was 22 years old when the murder occurred, was a first offender and had no previous convictions.
The court also took into account that he had not personally wielded the knife.
Despite these mitigating factors, Justice Mutevedzi found that the minimum 20-year sentence was justified.
The post Man Jailed 20 Years For Supplying Friend With Knife Used To Kill Silobela Bar Patron appeared first on iHarare News.
