S v Governor & Anor (CRB 250 of 2005; CRB 251 of 2005) [2007] ZWHHC 9 (4 March 2007)

HH 9-2007 CRB 250-1/05 THE STATE versus MAXWELL GOVERNOR and EDMORE GOVERNOR HIGH COURT OF ZIMBABWE BHUNU J HARARE, 5, 8-9 February, 4-5, 7 April, 23-24, 26-27 October, 14 November 2006 and 5 March 2007 CRIMINAL TRIAL Assessors: 1) Mr Chidyausiku 2) Mr Musengezi Mr Kumire, for the State Mr Makoni, for the first accused Mr Matizanadzo, for the second accused BHUNU J: Both accused are charged with murder it being alleged by the state that on the 10th of January 2005 and at number one Latham road, Avondale both accused persons one or more of them unlawfully and with intent to kill stabbed Lisa Jane Veron on the chest with a sharp instrument thereby inflicting injuries from which the said Lisa Veron died. The bulk of the issues in this case are not in dispute. It is common cause that the late Lisa Veron and her husband one Martin Brunner were foreign nationals of Swiss extraction working for non governmental organizations in this country. The deceased was employed by the World Health Organisation, an organ of the United Nations whereas her husband was employed by Doctors without Borders working in Tsholotsho but based in Harare. The couple employed the first accused Maxwell Governor as a domestic worker whereas the second accused Edmore Governor is his brother who was a frequent visitor at number one Latham road Avondale. The first accused resided in the domestic quarters at the premises. The deceased’s husband used to be away from home for lengthy periods of time in Tsholotsho on business but used to meet the deceased in Bulawayo from time to time. He had left home in November 2004 but had last seen the deceased on the 1st of January 2005 in Bulawayo. The two used to communicate daily by cell phone. They had last communicated on the fateful 10 th January 2005 at around HH 9-2007 CRB 250-1/05 5pm. Shortly thereafter the deceased drove to the gymnasium in Highlands in a Daihatsu Texious registration number 240-TCE-197. On the same day at around 20:30 hours Charles Chinyama a prominent lawyer and resident of Mount Pleasant was driving along The Chase towards Avonlea in the company of his sister. As they approached the Old Mutual Centre they observed the deceased’s car overturned in a ditch with the deceased trapped inside, still strapped to the front passenger seat by seat belts. They were shortly thereafter joined by fellow motorists who assisted in an attempt to rescue the deceased to no avail as she was already dead. A search of her handbag which was still in the motor vehicle yielded no valuables save for a number of various business cards. There was no cash, jewellery or cell phone. The fire brigade and ambulance crew with the aid of search lights established that the deceased was not breathing and had no pulse. They however observed some wounds on the chest and bruises on the neck. The deceased had blood on the chest, back and face. No further injuries were caused when the body was conveyed to the mortuary. In the early hours of the following day the 11th of January 2005 the first accused telephoned the deceased’s husband on his cell phone between 4 and 5 am advising him that something terrible had happened. His wife had not returned from shopping the previous day. The first accused then implored him to come back home urgently. When he enquired as to what had happened the first accused did not answer. Martin Brunner frantically tried to contact his wife by cell phone in vain as the phone had been switched off. At around 7:45am he managed to contact the deceased’s workmates who broke the news of his wife’s death. Half an hour later he was phoned by the United Nations Security officer who confirmed the deceased’s death. The deceased’s husband immediately proceeded to Harare arriving at around 5pm. He immediately proceeded to the mortuary. Upon examining the deceased’s body he observed strange wounds and bruises on the sides of the neck which could not possibly have been sustained in a road accident. He observed cuts on the chest which were 2 to 3 cm in diameter. He further observed that all her jewellery was missing that is to say her wedding ring, diamonds with an inscription inside and a second ring. Her silver neck lace which she was probably wearing was also missing. When he examined the motor vehicle at the vehicle inspection depot he observed that it had sustained minor damages. The airbag had not been activated HH 9-2007 CRB 250-1/05 indicating that the impact was not severe. Meanwhile as the deceased’s husband was busy examining his wife’s remains and the scene of the accident and the damaged motor vehicle another drama related to his wife’s death was unfolding at Chikonyora farm in Guruve where the accuseds’ father William Governor resides and works. It was William Governor’s uncontroverted evidence that on the 11 th of January 2005 he was rudely awakened by a knock at the door around 7am. He was aware of the time because there was a working clock in the house. When he opened the door he was surprised to see the second accused clutching an expensive grey cell phone and wearing an expensive watch. He then produced a camera and commenced to take photographs of his father and the family. When the witness enquired where he had obtained the items from, the second accused insisted that it was his. It was later established that the items had been stolen from the deceased and her husband. Both accused admitted stealing the items from the Brunner’s but denied that it was stolen in the course of the alleged robbery and murder of the deceased. Martin Brunner the deceased’s husband went to his residence on the 15 th of January 2005, he looked for the camera which was normally kept in the house but could not find it because it had been stolen by the accused. He eventually left for Switzerland without having located the camera. Before leaving for the funeral in Switzerland he left the first accused in charge of the home. He instructed him to look after the two dogs and not to touch any of his wife’s property as he wanted to come and have a closer look at the property when he returned. He came back on the 16th of March 2005 to find that contrary to his instructions his wife’s property had been tampered with. Her handbags were missing. His computer printer, some clothes and a hi-fi set were missing from the house. The first accused was now living with a woman and a baby in the main house. Someone else was now living in the staff quarters. In short the first accused had plundered and invaded the whole place with brazen impunity. A report to the police led to his arrest and recovery of most of the stolen property including the printer, camera and the deceased’s cell phone which he had already sold. The deceased’s husband positively identified her cell phone by its unique ringing tone which he had installed in that particular cell phone. HH 9-2007 CRB 250-1/05 It is also a matter of common cause that the stolen camera had a device which recorded the date the photographs where taken. When the camera was recovered and the film processed it produced Exhibit “11B” which is a photograph of the second accused’s family and Martin Brunner’s stolen watch. The photograph further shows that it was taken on the 11th of January 2005. Exhibit 11D is another photograph which depicts one of the accused’s family members using the deceased’s cell phone while wearing her husband’s wrist watch. The first accuseds story is that the deceased arrived home around 6:15pm that fateful day. Shortly thereafter she left leaving behind her satchel bag she had been using during the day. He later searched and stole the cell phone which he gave to his young brother the following morning together with the camera and Martin Brunner‘s wrist watch It is highly unlikely and not in the least probable that the deceased could have gone out at night without her cell phone with the full knowledge that she had to be in constant contact with her husband in Tsholotsho. It is also highly improbable that