GWERU- A Gokwe woman who murdered her husband with the help of her son (21) both escaped a jail term after they were sentenced to 600 hours community service when they appeared at the Gweru High Court on Tuesday.
The duo Viola Mazise (42) and Smart Mambiri from Mambiri Village under Chief Jiri, Gokwe South pleaded guilty to culpable homicide charges when they appeared before Justice Mabhikwa.
They were however, sentenced to 600 hours of community service to be completed within three months from September 28.
Justice Mabhikwa had initially handed a 48-month jail term for each but had to conditionally put aside 30 months considering that the accused persons do not commit a similar crime in the next five years.
“Both accused persons are first time offenders, pleaded guilty and according to the State, the deceased (Mr Mambiri) was aggressive indicating that he wanted to commit another crime by defeating the pursuit of justice and pushed the first accused to the limit.
“Overwhelming evidence from the State showed that the commission of the crime wasn’t premeditated and the accused persons suffered the stigma of murdering their beloved one.
“The second accused (Smart Mambiri) is a youthful offender and he played a minor role in the offense that caused the death of his father. Youthful offender- connotes immaturity and lack of experience.
“The first accused also experienced 23 years of abuse, stress and emotional distress from her abusive husband.
“However, the court will not condone any loss of life in any circumstances. The court will uphold the sanctity of life and punish those who take away life even in negligence,” he said.
Agreed facts are that on the evening of December 7, 2019, the now deceased arrived home coming from a beer drink and found her wife sleeping in his daughter’s bedroom.
Mazise and her husband had a misunderstanding over the issue of an assault matter that the complainant (Mazise) had reported to the police on July 5.
Mr Mambiri summoned his wife to his bedroom, where a misunderstanding ensued between couple over a letter that had been given the accused by the police to seek medical attention.
Mazise left her husband in the bedroom and went on to sleep with her daughter in her bedroom. He followed and as-saulted her with bare hands and choked her.
Sensing danger, their daughter alerted her brother about the commotion, who then pulled his father out of the bedroom hut.
Smart then tripped his fa-ther down and pinned him to the ground and instructed his
young brother to bring a hoe handle. Mazise took the hoe handle and strike her husband twice on the head. The hoe handle broke into pieces on impact. Smart also took one of the pieces of the broken hoe-handle and used it to hit his father several times on the legs.
He however passed on the following afternoon after the incident and the matter was re-ported to the police leading to the arrest of the mother and son.
The deceased’s body was ferried to United Bulawayo Hospital where a post mortem examination was conducted by Dr Pesainain, who concluded that the cause of death was a result of subarachnoid hemorrhage and blunt force trauma due to head assault.
Mazise told the court that she did not intentionally murder her husband but was rescuing her son from being assaulted by his father.
She told the court that she felt hurt by the manner in which her husband died and had no problem with her in-laws since they are the ones who paid them bail out.
“My in-laws didn’t blame me because they knew the character of the deceased and the status of our relationship,” she said.
She added that she did not enjoy her marriage as her hus-band indulged in extra-marital affairs.
Mazise said she frequently reported her husband, sometimes in the company of her in-laws for abuse, approximately about 10 times which apparently didn’t produce any results as they only received counseling and told to live cordially.