Key Points
- Marira struck her husband, Lovemore Tembo, with a bottle.
- The attack followed a domestic dispute over his plans to drink.
- Justice Mungwari dismissed provocation defense and sentenced Marira.
After a domestic argument, a woman from Ushewokunze in Harare South killed her husband by hitting him with a soft drink bottle. She was given a 15-year prison sentence.
Memory Marira sentenced for killing husband with soft drink bottle
Memory Marira acknowledged striking Lovemore Tembo with a bottle but entered a not guilty plea to murder. After a complete trial, High Court judge Justice Lucy Mungwari found her guilty.
It happened on January 20th, when Tembo declared he was going out for drinks with pals, which sparked a marital dispute. Disapproving of the notion, Marira tried to stop Tembo by pursuing him.
Tembo later informed Marira that he would be attending a customary beer-drinking celebration in the area instead of going to the stores. But Marira didn’t agree with his choice. Tembo collapsed as Marira hit him on the back of the head with an empty soft drink bottle.
Richard Chitima, Tembo’s friend and neighbour, was brought in to assist with his resuscitation. Tembo was referred to Sally Mugabe Central Hospital by Chitima after she evaluated his condition and brought him to a local clinic. Tembo passed away the next day.
Marira admits assault, claims provocation in defense
Marira acknowledged hitting Tembo, but she said it was provoked. Following the trial, she was found guilty of murder by Justice Mungwari, who rejected her defence.
Given that Marira was Tembo’s wife, the State contended that the offence was committed under mitigating circumstances. Additionally, it noted that Tembo had positioned empty bottles in front of Marira, thereby inciting her to hit him.Â
A crucial component of sentencing in murder cases is determining whether the murder was done under aggravating circumstances, which Justice Mungwari chastised the prosecution for neglecting to address.Â
Marira was a first-time offender with no past offences, the judge noted. She also emphasised how Marira had taken care of her family, including raising her stepdaughter from the age of four, and had been a decent wife and mother.
“We have no doubt that she judged herself, and the fact that she killed her husband—the father of her children—may haunt her for a very long time,” Justice Mungwari stated. On the other hand, “the assault’s brutality was unjustified.”
According to newsday, the judge went on to say that there was no question that Tembo suffered a terrible death at the hands of someone he may have thought of as a protector given the ferocity of the attack, which resulted in his skull being split open. She came to the conclusion that the law justified the 15-year sentence.
