The State v Freddy Dube and Thinkwell Moyo

On 16 April 2018, two deceased persons were murdered in separate incidents. The first deceased, Dumenkosini Mankebe Sibanda, was a pirate taxi driver operating a silver Honda Fit vehicle. He left for work and did not return home. His body was found near Umguza Primary School in a pool of blood with multiple stab wounds to the left shoulder, neck, and defensive wounds on his hands. He died from haemorrhagic shock due to a perforated jugular vein. The second deceased, Andile Ncube, worked at a flea market at Madikane Business Centre in Inyathi selling various goods. He was found dead in his bedroom tent, which had been cut. His body had multiple lacerations to the head and face and skull fractures. He died from extensive subarachnoid haemorrhage due to multiple skull fractures. The following day, both accused persons arrived at Elliot Dube's homestead (father of accused 1 and stepfather of accused 2) driving the stolen Honda Fit without registration plates and carrying various clothing items and gadgets stolen from the deceased. They sold items to villagers and claimed they came from South Africa. Both accused persons were found in recent possession of property belonging to both deceased within 24 hours of the murders.

• Whether the accused persons murdered the two deceased
• Whether the doctrine of recent possession applied to establish guilt
• Whether the accused persons' defence of a third party (Fixan/Lizwe Moyo/SaMaMoe) was reasonably possibly true
• Whether the accused persons acted with actual intent to kill
• Whether the murders were committed in aggravating circumstances warranting the death penalty

Both accused persons were found guilty of two counts of murder with actual intent. Both accused persons were sentenced to death on each count.

Where accused persons are found in recent possession of property belonging to murder victims within 24 hours of the crimes, and they provide manifestly false and contradictory explanations for such possession, the court may draw the inference that they committed the murders. When an accused person provides multiple inconsistent versions of events (in warned and cautioned statements, defence outlines, and oral testimony), such contradictions may be relied upon to reject the defence as false. Where multiple fatal injuries are inflicted on vulnerable parts of the body (such as stab wounds to the neck perforating the jugular vein, or multiple blows causing skull fractures), actual intent to kill may be inferred. Murders committed during robbery, in a premeditated manner, and involving multiple victims constitute aggravating circumstances warranting capital punishment.

The court made observations about the credibility of Elliot Dube as a witness, noting that his testimony was particularly compelling because he testified against his own biological son and stepson, suggesting he had no motive to lie. The court also commented on the implausibility of the accused persons' story about "Fixan" walking 10 kilometers in unfamiliar territory while leaving his own vehicle behind, and selling a cellphone for fuel while simultaneously borrowing money for transport, noting these details revealed the fabricated nature of the defence.

This is a Zimbabwean High Court criminal case that demonstrates the application of the doctrine of recent possession in establishing guilt for murder and robbery. The case illustrates how courts assess the credibility of defences involving alleged third parties, particularly where the accused persons provide contradictory versions of events. The case also addresses the criteria for imposing capital punishment (death sentence) in Zimbabwe, specifically where murders are committed in aggravating circumstances including premeditation, commission during robbery, and multiple victims. The judgment emphasizes the importance of consistent testimony and the weight given to credible eyewitness evidence from family members testifying against their own relatives.