A 46-YEAR-OLD Waterfalls man, Killian Tunha, is lucky to have escaped an effective jail sentence after a Harare magistrate slapped him with a $200 fine for assaulting his wife with an axe.
BY NQOBILE NKIWANE
The magistrate, Bianca Makwande, also slapped Tunha with a six-month wholly suspended sentence on condition he does not commit any offence involving physical abuse in the next five years.
In her reasons, Makwande said she had considered Tunha was a first offender and a family man.
“The court took into account that the two are husband and wife and this relationship needs to be maintained, the accused (Tunha) was also assaulted during the scuffle,” Makwande said.
The magistrate, however, went on to condemn domestic violence, saying it was a serious offence and the court had to discourage such behaviour.
Allegations against Tunha were that on November 1 this year, he hit his wife with an axe and injured her left eye.
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Tunha had denied the charges, insisting he had mistakenly struck his wife with an axe because she was behind a door, which he was trying to break open.
Tunha’s wife, Vimbai Mukaka, told the court that on the fateful day, her husband got home and did not greet her, but went on to accuse her of denying his mother food. After exchanging harsh words, Tunha got furious and threatening to axe her.
The court heard Tunha proceeded to collect an axe, which was on the veranda after asking his mother to open the veranda door for him.
Mukaka told the court she ran for her life and locked herself up in their children’s bedroom, but Tunha broke down the door and went on to axe her on the forehead.
In mitigation, Tunha pleaded for the court’s leniency, saying he was very remorseful for his actions, adding he had acted out of anger. Revai Mudozori appeared for the State.
