A High Court Judge has wholly suspended a two-year sentence for an 80-year-old woman whose granddaughter fell and died as she tried to escape whipping for sleeping out.
While presiding over a murder-turned-culpable homicide case at Masvingo, Justice Garainesu Mawadze gave Elizabeth Mugadza of Serima Village, Chief Serima in Chatsworth, a wholly suspended sentence, the Mirror reported.
According to the report, the fatal assault happened on July 4, 2021.
Prosecuting, Edwin Mbavarira told the court that the deceased Monalisa Mutuka (18) arrived home at 5: 30 pm after sleeping out the previous night- a move which infuriated her grandmother who took a switch and began assaulting the teenage girl on the back.
It is reported that Monalisa, who was in the habit of sleeping out, slipped from the wrath of her granny and hit her head on a bed as she tried to escape the beating.
Isabel Moyo of Mutendi, Mudisi and Shumba law firm represented the octogenarian.
While both Mbavarira and Moyo agreed that Mugadza was negligent in the manner she assaulted Monalisa, both parties agreed that the 80-year-old be acquitted of murder and instead, be charged with culpable homicide.
In his ruling, Justice Mawadze said although Mugadza was callous in her actions, she did not waste the court’s time by pleading guilty. The Mirror reported that Justice Mawadze also considered that the convicted octogenarian was an old woman who has nothing more to offer to the society and will only be a burden in prison.
Zwnews
