THE common phrase in the courts, justice must not only be done, but must be seen to be done, is headed for a stern test after a Bulawayo condemned prisoner, Bvumai Machena, approached the High Court seeking bail pending appeal. Report by Charles Laiton
Machena (36) argued that since his conviction and sentence to death nine years ago, his matter had not been heard under an automatic appeal at the Supreme Court, according to the laws of the country, as such he was entitled to be released on bail.
Last Wednesday, Machena appeared before High Court judge, Justice Alphias Chitakunye, under tight security, but the matter was postponed to Friday after the State indicated that his original Bulawayo court record was not available.
The convict was sentenced to death by Justice Misheck Cheda for the murder of his relative Edward Gazura in 2002.
Machena stabbed and killed Gazura with an okapi knife after accusing his son, Paul, of letting their cattle graze on his maize fields. Justice Cheda heard that on the day in question, Machena went to Gazura’s homestead twice intending to confront him over his alleged grazed fields.
On his first visit, an emotional Machena had advised Gazura’s son Paul to inform his father about the destruction their cattle had caused to his crop.
However, the court found out that Machena’s crops were not destroyed by Gazura’s cattle, but he simply acted on suspicions.
Upon Machena’s return during the evening, an uproar erupted between the two men during which time Machena produced an okapi knife and stabbed Gazura to death.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
On January 29 2004, Justice Cheda convicted Machena of murder with actual intent and sentenced him to death after failing to establish extenuating circumstances.
