By A Correspondent| High Court judge Justice Terrence Chitapi has condemned two robbers to death for killing a taxi driver two years ago.

Romeo Jambara (29) and Norest Tamangani (31) were convicted of murder with constructive intent of taxi driver Taruvinga Mutiza.

Murder with constructive intent means that the killing was not premeditated, but that the killers were prepared to use extreme violence and were utterly reckless.

After the murder, the two dumped the body along Acacia Road in Westgate after stealing the taxi and driver’s property, which included USB cables, chargers, modulators, a cellphone and a wallet.

Arrested accomplice Dallen Mary Mukupe was acquitted of the murder, while the other accomplice only identified as Last, is still at large.

In passing the death penalty, Justice Chitapi took a judicial notice that apart from the debate there has been no execution of the death sentence since 2005, which clearly showed lack of appetite by the Executive to carry out the sentence and authorise the execution.

Argument was made by the duo’s pro deo lawyers that there was no point of imposing a sentence, which would not be executed.

But Justice Chitapi disagreed and took the view that, “this is a court of law”, and should apply the law as it is given.

“Until the death penalty is removed from the Constitution and statute books, the judge would be abrogating his or her sworn oath to uphold the Constitution and the law where he or she to refrain from passing a competent sentence befitting a particular offence because public opinion is against the imposition of that type of sentence,” said Justice Chitapi.

It was also the court’s view that the argument that no death row prisoners were being hanged was an issue for the Executive, which is charged with carrying out the executions.

However, Justice Chitapi said the murder was committed in aggravating circumstances hence the court had a discretion to impose any of the three sentences provided for in terms of the law, including the penalty imposed on the duo.