Judge Says 'Visit Was Premeditated' As Two Men Convicted of 2021 Murder of Gweru Villager

The High Court has convicted Perfect Nyathi and Ntabiso Ncube of the 2021 murder of Lower Gweru villager Bernard Dube, concluding that the evidence pointed to a premeditated killing. Justice Bongani Ndlovu found both men guilty of murder with actual intent after dismissing their alibis as inconsistent and false.

"It is for those reasons that we find that the State has proven its case against each one of the accused persons... and each one of them, that is, Perfect Nyathi and Ntabiso Ncube, is found guilty as charged," the judge ruled. The two men had denied murdering Dube, who was shot dead at his homestead on June 3, 2021, when armed individuals posing as visitors forced their way inside.

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It is for those reasons that we find that the State has proven its case against each one of the accused persons... and each one of them, that is, Perfect Nyathi and Ntabiso Ncube, is found guilty as charged.

According to the prosecution, one attacker demanded a private word with Dube before drawing a pistol. After Dube's wife struck the gunman with a brick, the assailants retreated outside and repeatedly shot Dube in the abdomen and thigh. They later returned to spray the house with bullets before fleeing. A post-mortem report indicated Dube died from hypovolemic shock due to the gunshot wounds.

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It should be pointed out at this stage that reliance on circumstantial evidence is a dicey reliance by the State. It is equally dicey when it comes to convicting an accused person. The court should not lightly find that the offence has been proven on circumstantial evidence without exercising caution.

The prosecution's case rested entirely on circumstantial evidence. Nyathi was arrested near the murder scene shortly after the shooting while driving a vehicle without number plates. Police found a pistol holster in the car. Ncube was apprehended two months later in Bulawayo following a shootout with police, during which he allegedly dropped a Sarsilmaz pistol that ballistics experts linked to Dube's murder.

Justice Ndlovu acknowledged the caution required when relying on circumstantial evidence but found that the defense's arguments collapsed under scrutiny. He rejected Nyathi's explanation for being in the area, deeming it contradictory and noting his failure to locate a supposed passenger who could corroborate his story. The court inferred that this passenger either did not exist or was involved in the murder plot.

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He who tells the truth does not tell various reasons. He who lies will tell one version.