In a groundbreaking and extraordinary act of compassion, High Court judge Justice Garainesu Mawadze makes an unprecedented decision in the case of Beauty Mutondoro, a 22-year-old woman from Gutu who was found guilty of killing her husband. After finding her guilty of culpable homicide, Justice Mawadze ordered the husband killer to return home after wholly suspending her four-year sentence.
The Gutu woman was convicted of culpable homicide after killing her husband with a log during a heated domestic dispute. The unexpected sentence has sparked a wave of debates, with the judge citing compassion for the convicted woman’s circumstances.
A Tragic Incident
The incident occurred on June 22, 2022, when Mutondoro’s husband returned home drunk and demanded to exchange maize for an axe, leading to an argument with his wife.
The now-deceased husband then assaulted his wife by slapping her twice in the face and striking her with a log on two occasions. The log was presented as evidence during the court proceedings. According to the State’s account, Mutondoro subsequently seized the log and struck her husband with it.
Following the incident, he was initially taken to Gutu Mission Hospital and later transferred to Masvingo General Hospital. Unfortunately, he passed away six days later on June 28, 2022.
Mutondoro struck her husband on the head with a log, resulting in his death three days later at Masvingo Provincial Hospital.
Compassion Over Punishment
The Masvingo Mirror reports that during the sentencing, Justice Mawadze expressed deep sympathy for Beauty Mutondoro, who appeared frail and young in stature, stating,
“The accused is of a very small stature; one would think she is a secondary school pupil. She is now the sole parent. The duty to look after their young children aged four and one-and-a-half years falls squarely on her shoulders.” The judge believed that the burden of raising the children would be a sufficient punishment in itself.
Controversial Verdict
While Beauty showed remorse throughout the trial, the judge’s decision to suspend the sentence has sparked controversy and public debate. Some argue that it sets a precedent for leniency in such cases, while others question whether personal circumstances should play a role in sentencing. Prosecutor Edwin Mbavarira conceded to charging Mutondoro with culpable homicide and did not seek a custodial sentence during the mitigation.
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A Stigma to Carry
Despite the lesser charge, Beauty Mutondoro will have to live with the stigma of being a murderer. Justice Mawadze acknowledged this aspect, noting,
“The accused exhibited contrition. She pleaded guilty to the charge she stands convicted of. It should weigh heavily on the accused that she took away the life of her husband and the father of her children. She will now live with the stigma that she is a murderer despite having been convicted of a lesser crime.”
Another Unusual Verdict: Judge Gives Shortest Sentence Ever
This is not the first time that Justice Mawadze has made headlines for his compassionate sentence. In February 2022, in another surprising case, High Court Judge, Justice Garainashe Mawadze, delivered an unprecedented verdict, where a 17-year-old convict was sentenced to mere seconds in custody. The convict was charged with murder with actual intent after throwing her two-year-old baby into the Tugwi River in Chivi following harassment and abuse by her grandmother and brother.
Traumatic Life Led to Unusual Sentence
The judge justified the unique sentence, explaining that the convict had endured a traumatic life, including rape at the age of 14, becoming a mother at 15, and being ostracized by her family. Justice Mawadze believed that the most appropriate sentence would ensure the girl wouldn’t suffer further punishment.
An Unconventional Legal Approach
To achieve this, the judge used Section s 336(1) (b1) of the Criminal Procedure and Evidence Act, allowing him to impose a definitive period. The girl was sentenced “to remain in custody until the rising of the court,” effectively leading to her immediate release.
Judge’s Own Son Facing Murder Charges
Ironically, Justice Garainesu Mawadze’s own son, Munyaradzi Mawadze, is also facing murder charges. Munyaradzi Mawadze, along with two others, faces charges of killing a cellphone dealer in Harare in 2020. Mawadze and his co-accused are yet to be tried for the murder.
Source iHarare.com
