Chivi (New Ziana) – An overwhelming display of contrition and love has swayed a Chivi magistrate to spare a deeply love smitten local “Ben 10” who assaulted his much older lover with the back of an axe, lengthy jail time.
Simon Tapera, (29), of Murevesi Village, Headman Madyangove was instead fined $50 by Chivi resident magistrate, Perseverance Mukumba or alternatively three months behind bars for the assault on his lover, Noliah Zingira, who is 14 years his senior.
Tapera was convicted on his own plea of guilt and was initially sentenced to six months imprisonment but the magistrate conditionally suspended three months of the jail term for five years and the remaining three months were set aside on condition he paid the $50 fine.
He told the court that he was deeply in love with Zingira, and was devastated when he suspected she had dumped him after failing to find her at her homestead for a number of consecutive days that he visited.
Tapera said jealousy drove him to hit her three times on the forehead with the back of his axe handle after accusing her of cheating on him.
He told the court that he did not want to lose Zingira with whom he has been conducting a secret love affair for several years after she was widowed and was prepared to go for counseling to save the relationship.
Tapera said when the police arrived to arrest him, he actually thought they were going to take him and Zingira for counseling as he thought Zingira appreciated that he had acted out of love because he wanted her to show him more respect as her spouse.
For the State, Nathan Zaranyika told the court that sometime in early August, Tapera visited Zingira’s house but failed to locate her. He returned to the house for seven consecutive days but still failed to locate the love of his life.
When the two finally met on the eighth day, Zingira explained that she had travelled to Mutare on business and earlier on the eighth day when Tapera had again failed to locate her, she was buying some cement at Chivi Growth Point.
Tapera was very upset that Zingira went away without informing him and seeking his permission. An argument broke out with Tapera accusing Zingira of cheating on him.
He went to his house and returned armed with an axe with which he used to strike Zingira on the forehead three times after which he assaulted her all over the body with his hands. Zingira reported the matter to the police leading to Tapera’s arrest.
In sentencing Tapera, the court considered that he was a first offender and had shown remorse by admitting his crime, thereby serving the court’s time. Zingira’s medical report also showed that she had suffered minor injuries.