Bishop Whipped To Congregant To Death During “Deliverance” Jailed 10 Years for Culpable Homicide
A church bishop has been jailed for 10 years. He whipped a congregant to death during a deliverance session.
Chrispen Gomore is Bishop of Damasko Zion Christian Church. He was charged with murder. The charge was under Section 47(1)(a) of the Criminal Law Act.
The court found him not guilty of murder. He was convicted of culpable homicide. This is under Section 49.
The judgment was delivered by Bulawayo High Court Judge Justice Ngoni Nduna.
The incident happened on 6 March 2023. It was around 12 noon. Fortunate Mukwayi and his wife went to the church shrine to pray.
They had a disagreement with Pastor Philip Banga. They were then shackled with chains. They were tied to a tree. The church said they were mentally disturbed. They spent the night tied to the tree.
Their children were brought to the shrine the next afternoon. They were brought by church member Lazarus Chikova. One of the children was Samantha Mukwayi.
On 7 March 2023 at 8 AM, the couple was taken to Limpopo River. They were taken for baptism. They were also taken for casting out of demons.
They returned at 9 AM. They were placed inside a room. Gomore entered the room. He was holding a leather whip. He started assaulting them.
The assault lasted from 9 AM until late at night. It was intermittent. The woman screamed. People pleaded for the beating to stop. The beating continued.
Fortunate told the court he hit the accused. He was trying to protect his wife. Both later lost consciousness.
Police arrived on 8 March 2023 at 9 AM. Fortunate was taken to Beitbridge Hospital. The woman was pronounced dead.
Post-mortem report number 301-229-23 was done by Dr Juana Rodriguez Gregori. Cause of death was encephalic contusion. It was also cranial trauma and assault.
Justice Nduna explained the law. The question was whether it was murder or negligence.
He cited S v Mugwanda 2002 (1) ZLR 574. Subjective foresight must be separated from objective foreseeability. The fact to be proved is dolus, not culpa.
He also cited S v Humphreys 2015 (1) SA 491 and S v Ngubane 1985 (3) SA 677. The State must prove the accused foresaw death and reconciled himself to it.
The Judge found a discrepancy. Witnesses said only a leather whip was used. But the post-mortem showed blunt-force head injuries. There was no clear evidence how the head trauma happened.
The defence argued Fortunate survived the same assault. This rebutted intent to kill.
The court said the State failed to prove murder. It failed to prove Gomore foresaw death and reconciled himself to it.
But the court said the long assault showed reckless disregard for life. Consent to religious healing is not consent to death.
In sentencing, the court considered mitigation. Gomore is a first offender. He has 3 wives and 12 children. They depend on him.
But aggravating factors were overwhelming. Gomore was a spiritual leader. He was in a position of trust. The deceased sought guidance and protection. That trust was abused.
The assault continued despite screams and pleas. Human life is sacred. It has constitutional protection.
Courts must protect vulnerable persons. The court must send a strong message. Religious standing can never shield criminal conduct.
A non-custodial sentence would trivialise the offence. It would undermine public confidence. It would fail to show society’s denunciation.
The degree of negligence bordered on the highest recklessness.
He was sentenced to 10 years in prison.