A man who found a cousin brother naked in his bedroom and allegedly assaulted him to death has appeared before the Gweru courts charged with culpable homicide.
Gatsha Masotsha, aged 29, had travelled to his rural home from Bulawayo to visit his wife and family. He allegedly found Aleck Masotsha Moyo in his bedroom naked and heavily assaulted him before letting him go. Aleck was found dead the following morning in the room he was sleeping.
Masotsha, through his lawyer, Brian Dube, successfully challenged the culpable homicide charge, which was reduced to the lesser assault allegations. He argued that he attacked his late brother in the dark “as an intruder” and only realised it was him after a fight between the two men.
Masotsha said he was not negligent in causing Aleck’s death as their fight was a result of an attack by an unknown stranger. Prosecutors told the court that on March 4, 2006 and at around 1 AM, Masotsha of house number 5 Tiat road, Four Winds, Bulawayo travelled from the city to his rural home in Zvishavane.
He knocked on the bedroom door and his wife opened for him. When the couple was enquiring about each other’s health, a loud sound was heard from a nearby spare bedroom.
Masotsha’s wife went to enquire about the sound and returned to tell her husband there was nothing. Unsatisfied, Masotsha proceeded to the room, which was dark and realised there was a moving object but was suddenly attacked.
“The accused assaulted the deceased with fists and booted feet all over the body.
“He went on to hit the deceased’s head against the floor and wall before grabbing a wood drill in the dark and using it to strike him,” prosecutors said.
Court heard that Masotsha then grabbed a rope in the room and tied the deceased before looking for light and realising it was his cousin brother who lived at his homestead. The cousin allegedly confessed that he had a sexual affair with his brother’s wife.
After the discovery, Masotsha then untied Aleck and ordered him to go and sleep in his room so that they could discuss the matter as a family the following morning. Aleck was however, found dead in his room and a report was made to the police leading to Masotsha’s arrest.
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