Relief for ex-girlfriend killer

 

BULAWAYO - Bulawayo businessman Danisa David Konson, who was last year sentenced to death for shooting his ex-lover to death, had his sentence commuted to 25-years in jail.

Konson, 64, of Parklands suburb shot his ex-girlfriend, Siphathisiwe Ncube, 28, three times after she dumped him.
He was in February last year convicted and sentenced to death by Bulawayo High Court judge Justice Lawrence Kamocha.



But Konson through his lawyer, Advocate Lucas Nkomo went on to challenge the verdict at the Constitutional Court, arguing that Justice Kamocha was biased in his judgment.

Chief Justice Godfrey Chidyausiku and seven others, sitting at the Constitutional Court’s full bench, in July ruled in Konson’s favour and ordered a retrial under a different judge.

Presiding over the case on Friday last week Bulawayo High Court judge Justice Francis Bere convicted Konson of murder with actual intent.

“This was a well-organised and meticulously-planned case of murder that was committed in the most callous and heinous manner,” said the judge.

Although Konson, pleaded not guilty to the charges, Justice Bere dismissed his evidence arguing Konson had planned to kill since he took the gun before visiting his ex-lover.

“In our wisdom, we are of the view that Konson was confronted with a harsh and cruel reality when Ncube dumped him and he did not take it lightly.

“On the strength of the evidence given there is no room for provocation.

“The issue of provocation as some form of defence is not sustainable and in the circumstances, the only verdict is that we find Konson guilty of murder with actual intent,” Justice Bere said.

He added that the courts have a duty to uphold the sanctity of human life.

“Murder is one of the most serious crimes which results in loss of life, which is irreplaceable. The courts have a duty to protect the sanctity of human life. It is clear that the murder was pre-meditated and accordingly you will have to go to jail for 25 years,” he ruled.

The court heard that Ncube broke up with Konson in 2012, and moved in with a new lover Sikhumbuzo Dube despite Konson’s attempts to mend the broken relationship.

Ncube spurned her former lover’s pleas, even though she had been helped to establish a grocery shop at Tshongogwe Business Centre by Konson.

Konson went to Jotsholo Police Station and appealed for help in resolving the dispute between him and Ncube.

He told the police that they were fighting over a business deal before travelling to Lupane with one of the police officers.
When he arrived, he went to the shop and shot dead his former girlfriend.

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