Ziyambi
father to four children, has his lucky stars to thank for being a free man after
the State and the defence team unanimously agreed to alter a murder charge he
was facing at Masvingo High Court to assault.
Masunda (49), a teacher at Rudanda High School who runs Skippers Sports Bar at
Rudanda business centre, slapped Tarirai Chakona (42) after a dispute at the
bar.
he was soon to be arrested for murder after Chakona died under almost unclear
circumstances a few days later.
ended up appearing before Justice Garainesu Mawadze facing a murder charge.
Mabvuure of Chihambakwe Law Chambers, successfully argued that a mere clap could
not possibly have caused Chakona’s death under the given circumstances, leading
to the alteration of the charge from murder to assault.
was convicted of assault and was given 30 days to pay a $200 fine or face a
custodial sentence.
the defence lawyer and the State’s Takunda Chikwati, are that on July 31, 2018
at around 21:00hrs, the now deceased was drinking at Skippers Sports Bar when
Masunda slapped him once on the face for allegedly harassing other patrons.
Chakona, who was heavily drunk, fell down and Masunda, with the help of the now
deceased’s brother Marufu who was also in the bar, helped him back onto his
feet and he later on continued drinking.
the bar, Marufu tried to convince his brother that they should go home but he
refused and spent the night at the business centre, only for Marufu to find him
the following morning, shivering and warming himself on a fire in the open.
his work place where he gave him a warm place to sleep but the now deceased
began to sweat and he took him home.
asked Masunda to help him take Chakona – whose health had deteriorated – to
Musiso Hospital in his car. At the hospital, Chakona was admitted and treated
of epilepsy and was referred to Masvingo Provincial Hospital for further
treatment.
to Masvingo Provincial Hospital, and a postmortem report listed subdural
hemorrhage (a condition when blood collects on the
brain’s surface beneath the skull as a result of head injury), severe
skull contusion and head trauma as the causes of his death.
defence argued that the post-mortem did not attribute Chakona’s death to
assault and that many other things could have happened to him after the
slapping incident since he spent the whole night in the open at the business
centre.
