A SUPREME Court bench has dismissed an appeal against a death sentence filed by a convicted murderer who killed a security guard during a robbery incident at a cotton buying point in Gokwe in 2008.
Doubt Mathe, who acquitted of robbery, was, however, found guilty of murder and sentenced to death for the crime by the High Court.
In his appeal before the Supreme Court bench, Mathe was seeking acquittal on the murder charge or commuting of the sentence to 10 years in prison.
However, the Supreme Court bench consisting of Justices Tendai Uchena, Samuel Kudya and Felistas Chitakunye dismissed the appeal and upheld the death sentence.
“It is apparent that a finding of aggravating circumstances is not dependent on the conviction of the accused person of that other offence, hence the provision that ‘the commission of any one or more of the following crimes, or of any act constituting an essential element of any such crime whether or not the accused was also charged with or convicted of such crime’.
“The court a quo found that the appellant [Mathe] and his accomplices unlawfully entered Winnie Sigwala’s house and in the process of gaining entry they severely assaulted the deceased.
“In the Regional Magistrates’ Court, the appellant was acquitted of the charge of robbery. However, it was not a requirement that the appellant must have been convicted of robbery for a death penalty to be imposed.”
The court also ruled that Mathe did not suffer double jeopardy in his sentence as it was not dependent on a conviction for another offence.
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The judges hailed the High Court for sentencing the appellant to a death saying it was it terms of the law before dismissing the appeal.
The court heard that on June 15, 2008, Mathe and his accomplices, one of whom is now deceased and another who is at large, brutally murdered security guard Taurai Mache (24) who was manning Grafax Cotton Company offices in Gokwe.
They struck him with a hoe handle, cracking his skull.
