Zimbabwe News Online: Capital punishment for man who raped corpse

Capital punishment for man who raped corpse
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The Herald on 08 March, 2010 05:57:00
 
Trust Muganhu (33), in his confirmed warned and cautioned statement upon arrest,
said he regretted sexually abusing the woman when she fell "unconscious".
The woman operated Pambayi Store at Nyimo Business Centre in Sanyati.Justice
Samuel Kudya passed the sentence after finding no extenuating circumstances.
The sentence will be sent to the executive for confirmation.In the absence of
President Mugabe commuting the sentence to life in prison, Muganhu could be
hanged for killing Jane Pambayi in 2008.
Through his lawyers Mtombeni, Mzangaza and Muzawazi, Muganhu denied the charges,
but was convicted of murder with actual intent.
In the judgment, Justice Kudya cited the confirmed warned and cautioned
statement in which Muganhu admitted to raping, strangling and robbing Ms
Pambayi.
"We were satisfied that the accused person made the statement freely and
voluntarily. It is detailed.
"It contains certain information that would only have been within his knowledge.
"These factors concern his motive, his modus operandi, his regret at sexually
molesting a dead body, or in his estimation, an unconscious body.
"We are satisfied that the evidence demonstrates that the accused person killed
the deceased to avoid arrest as he was known to her.
"After all, he was a brother-in-law to the deceased. He killed her in the course
of a robbery. We find the accused guilty of murder with actual intent."
Mr Benson Taruvinga prosecuted.
Established facts are that on March 14, 2008, Pambayi closed her store at 9pm
and went to her home at the back of the shop.Some 15 minutes later, Muganhu who
was armed with a knife he had borrowed from a relative broke into the house.
He found Pambayi resting on a sofa in the lounge.When he got in, she panicked in
fear and fell down.
Muganhu held her by the neck and strangled her.He then stole Z$10,7 billion that
was on top of the wardrobe and five packets of salted nuts before walking out
leaving the woman lying on the floor.
But according to his own statement, he raped the woman before leaving the
house.He went to Jenaguru Night Club at the same centre where he awoke the bar
attendant at 2am to buy beer using the stolen money.
On the morning of March 15, people became suspicious when Pambayi Store did not
open for business as usual.Relatives decided to break into her house and
discovered her corpse lying on the floor.
Fingernail scratches were visible on her neck.Police who attended the scene
found the knife beside the corpse.Eight witnesses testified against Muganhu
during the trial.
In his defence, Muganhu denied killing the woman and said he was nowhere near
the scene despite having signed a confirmed statement earlier admitting guilt.