Dionne Kanyowa
THE High Court sentenced 30-year-old McDonald Chiveto to three years in custody for physically assaulting his pregnant wife on different occasions, until she eventually succumbed to the internal injuries during a spiritual cleansing ceremony.
Chiveto who was found guilty of culpable homicide was initially sentenced to four years before one year was wholly suspended by Justice Lucy Mungwari .
‘‘Accordingly this court finds the accused not guilty of murder but guilty of a lesser charge of culpable homicide.
“Nomatter how angered the accused may have been over any perceived infidelity issues, assault upon the person leading to her collapse and subsequent demise due to subdural hemorrhage was not commensurate. “However, in sentencing, the court should not over emphasize the interests of the society.
“The consideration of the totality of the circumstances of the commission of the offence, the personal circumstances of the accused person and the public interest at large therefore lead the court to arrive at the considered view that the following sentence would suit the instances of justice,” ruled Mungwari.
The facts proved by the State were that the deceased 22-year -old and Chiveto lived together in a husband and wife setting.
Their relationship was characterised by domestic disputes largely based on infidelity allegations from both sides and Chiveto had a habit of assaulting his wife. Last year on Valentines’ day Chiveto assaulted his wife with an iron bar during a disagreement and 14 days later, he assaulted his pregnant wife again with open hands and fists all over her body during another dispute .
He then went on to pour two buckets of water on her body after the assault, and the deceased reported the matter to the police.
The following month, on March 14 Chiveto assaulted the deceased again with a stainless steel “dolphin” pot all over her body including her head.
Two days later, the deceased sought medical attention and began vomiting blood before she collapsed.
Efforts by the deceased’s aunt to take her to the hospital proved futile as Chiveto and his parents decided to take her for a “spiritual cleansing” at their house where she died.