By Judith Nyuke
Two men were sentenced to five years in prison for the fatal assault of a suspected thief who was found at their Glen Norah home two years ago.
Raphael Garikai and Kudakwashe Rukanda have been sentenced to seven years in prison. Two years of the sentence were suspended for five years on the condition of future good behavior leaving them with an effective five-year term to serve.
During trial, the pair appeared before High Court judge Justice Muchawa where they entered pleas of not guilty to the charge of murder.
Although originally co-accused with Anthony Nyamweya, the trial proceeded against the two alone after Nyamweya defaulted.
They were represented by Tafadzwa Muvhami of Muvhami Attorneys.
The High Court cleared the duo of murder, ruling instead that they were guilty of culpable homicide.
The court determined that the fatal assault was a reckless and unlawful response to an intruder rather than a premeditated killing.
In sentencing, the court balanced the gravity of the loss of life against the defendants’ personal circumstances. Mitigating factors included their status as first-time offenders, their documented health issues (hypertension) and their clear remorse.
The State proved that on July 3, 2024 at around 8:00 PM, Juliet Chinhengo, alerted by noise coming from her fowl run, discovered the deceased perched atop the structure.
She immediately informed her son, Garikai who armed himself with a baton stick and went outside to apprehend the man.
Soon after, Garikai was joined by Rukanda and Nyamweya. As they interrogated the intruder about his presence on the property, Rukanda poured used motor oil over him. The confrontation turned violent as the three men took turns assaulting the victim using the baton stick, clenched fists and booted feet.
The commotion eventually drew a crowd, prompting Chinhengo to order the men to remove the victim from the premises. They complied, later releasing the man, who then walked away.
However, at 1:00 AM the following morning, a security guard at Glen Norah 7 Primary School discovered the victim lying unconscious and half-naked in the schoolyard.
Despite being rushed to Sally Mugabe Hospital after a police report was filed, his condition deteriorated. He succumbed to his injuries on July 5, 2024.
This tragic case is a sobering wake-up call for all not to take the law into your own hands. While assaulting an intruder may feel like swift justice, it can easily escalate into an irreversible tragedy that changes lives forever.
Choose to apprehend rather than assault. Citizens should focus on safely restraining suspects and alerting the police immediately.
Justice is not mob rule; it is a legal framework designed to protect everyone involved. When communities resort to violence, they risk transforming victims into perpetrators. Even if a court shows mercy, the legal and personal consequences of taking the law into your own hands are life-altering.
