A MT DARWIN man has been convicted by the High Court for killing his wife after she had barred him from leaving home for a beer binge.
Wellington Gwashure is awaiting his sentence before High Court judge Justice Munamato Mutevedzi, who convicted him after a full trial.
Gwashure killed his wife Eunice Mutiwekuziva during the domestic violence using wooden planks on October 3, 2022.
According to the State, the two had a disagreement which resulted in the accused assaulting the deceased with wooden sticks, kicking and hitting her with fists.
The deceased collapsed during the assault and upon realising that, the accused dragged her motionless body from the room where the assault had taken place to the courtyard.
He left it there and went to one Innocent Gocha’s homestead, where he told him that he had assaulted his wife.
He then requested Gocha to accompany him back to his homestead and he agreed, but on arrival at the homestead, he observed that the deceased was lifeless.
Gwashure then went to report the matter to the village head, Farai Dzapasi, who subsequently reported the matter to the police.
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The court heard that the accused left for Runwa Business Centre to buy rat poison as he wanted to commit suicide before his arrest.
Police attended the scene and ferried the deceased’s body to Chimhanda Hospital for a post mortem.
The pathologist who conducted the examination concluded that death was due to deep laceration, raptured eyes and polytrauma.
In his defence, Gwashure stated that on the fateful day, he was at his homestead in the company of his wife and their child.
Gwashure told his wife that he wanted to go to the bar to drink beer with his nephew, identified only as Nhekairo, but the deceased refused, accusing him of wanting to go and to see his girlfriends.
A misunderstanding arose, resulting in a fight.
The accused lost his temper, plucked a switch which he used to assault Mutiwekuziva.
In analysing the case, Justice Mutevedzi said the only issue for debate in this case is, therefore, “whether or not the accused’s defence of provocation can be sustained”.
“Provocation is only a partial defence to a charge of murder. It does not completely exonerate an accused who pleads it from liability.
“In the instant case, the accused said he was provoked when the deceased insulted his parents. What is glaring is the accused’s omission to mention the actual words which the deceased uttered resulting in the provocation.
“The evidence against him is simply overwhelming and points to that he attacked his wife after she asked him why he wanted to leave home. He was not provoked by anything.
“Against that background, we are convinced that the State managed to prove its case beyond reasonable doubt. Accordingly, the accused is found guilty of murder as charged,” Justice Mutevedzi ruled.
