The appellants, a married couple, were charged with murdering their six-week-old baby girl, Nomsa, on 2 September 1998 at Govere Village in Chivhu District. On the night of 1 September 1998, the family went to bed in a hut, with the deceased sleeping about 30 centimeters from the wall, the second appellant lying next to her, and the first appellant next to the second appellant. The door was secured from inside with an iron bar. At about 3 am the following morning, the appellants discovered the deceased had died. Examination of the body by relatives revealed flesh had been removed from the deceased's fingers and private parts, with minimal blood on the lip, shawl, and napkin. The deceased was buried on 2 September 1998 without being reported to police. Police later exhumed the body, but due to advanced decomposition, the cause of death could not be established. The appellants were arrested in November 1998 and denied murdering the deceased or causing the injuries.
The convictions were quashed and the sentences (death sentences) were set aside. The appellants were acquitted.
Where a conviction is based solely on circumstantial evidence, the proved facts must exclude every reasonable inference other than guilt. Where (1) the prosecution's own witnesses give evidence inconsistent with the allegations in the indictment (suggesting injuries were caused by animals rather than human action), (2) the cause of death cannot be established, and (3) alternative reasonable explanations exist (including natural death and post-mortem animal interference), the requirements of the Blom test are not satisfied and an acquittal must follow. The mere presence of suspicious circumstances is insufficient to sustain a murder conviction when other reasonable inferences remain open.
The Court observed that if the injuries had been inflicted before death, the baby would have screamed and woken the appellants, suggesting the injuries were likely inflicted post-mortem. The Court also noted the possibility of cot-death (sudden infant death syndrome) as an explanation for the death of a sleeping baby who had not been ill, though this was not definitively established.
This case is significant for its application of the Blom test for circumstantial evidence in Zimbabwean criminal law. It demonstrates the strict standard required when convicting on circumstantial evidence alone - the proved facts must exclude every other reasonable inference. The case illustrates that where the cause of death cannot be established and alternative explanations (such as animal interference post-mortem or natural causes) remain viable, a conviction for murder cannot stand. It also highlights the importance of the prosecution proving its case as alleged in the indictment, and the dangers of convicting where forensic evidence is unavailable due to decomposition.