Granny acquitted of murder
30 November 2017
HIGH COURT Judge Justice Tawanda Chitapi yesterday acquitted a 73-year-old granny, who was facing charges of murdering her husband last year over a chicken.
Margaret Tokonyai, who cried when her acquittal was pronounced, had pleaded not guilty to murdering Revesai Tokonyai, then 76, who had attacked her after she confronted him over infidelity.
According to court papers, the duo had a dispute after the now deceased had bought a chicken for his girlfriend.
Revesai went for a beer binge and went home on May 18 fuming at Margaret, who had confronted him over the matter.
The now deceased then took an adze to attack Margaret. She then wrestled with him and struck Revesai. He died on June 2 because of injuries he had sustained from the attack.
Through her lawyer Mildred Mubaiwa-Mashozhera, Margaret had submitted that she was acting in self-defence as she was under attack from her late husband.
Presiding over the matter, Justice Chitapi told the State that under the circumstances Margaret went through during the time of committing the offence, she had no alternative as she was fighting for survival and did not have time to think.
Said Justice Chitapi:
“The accused is found not guilty and acquitted. The court has considered that she is a senior citizen and this is one of the rare cases in which a person this age can commit such an offence.”
The judge also took into cognisance how a State witness Rhoda Chikwana had told the court that Revesai used to abuse his wife and family each time he got drunk.
“The court also placed itself in the accused’s shoes and would have acted in the manner the accused did,” added the judge.
The judge concurred with the defence’s submissions that Margaret acted in defence of a vicious attack by the deceased person, who had premeditated the attack.
The State was represented by Clemence Chimbari.