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A man from Banket, Mashonaland West Province, was acquitted of murder by the High Court after a suspected thief he was chasing jumped into Munene River and drowned.
As reported by <a href="https://www.newsday.co.zw/local-news/article/200029851/cornered-thief-plunges-into-river-dies">NewsDay</a>, Zachariah Baton appeared before Chinhoyi High Court judge Justice Philda Muzofa who convicted him of a lesser charge of assault and sentenced him to a wholly suspended 18 months imprisonment.
The High Court suspended six months on condition of good behaviour and another 12 months on condition he performs 430 hours of community service at Banket Police Station.
The murder charge raised one issue for determination: whether the accused is liable for the death of the deceased, who fled from the accused and jumped into a river and died.
According to court documents, on 20 January 2024, Baton, who was in the company of one other person, apprehended Tawanda Musona, a suspected thief.
The two assailants, using their open palms and switches, physically assaulted Musona before forcibly taking him to the farm office.
However, along the way, Musona managed to break free and flee. The duo gave chase, but when Musona realised they were gaining on him, he decided to jump into the Munene River.
The accused told the court that they waited by the riverside for approximately 10 minutes, but when Musona failed to resurface from the water, they left the scene.
Musona’s body was discovered five days later in a state of decomposition by the river bed.
Baton was subsequently arrested and charged with murder, but he denied the offence saying he only slapped the deceased.
The State produced a post-mortem report with the cause of death indeterminable as the deceased’s body had decomposed.
The two witnesses who gave evidence, including a police officer, confirmed the accused person’s version of events.
The investigating officer testified that the deceased had no injuries when his body was found.
The doctor who conducted the post-mortem could not conclusively tell the cause of death. The post-mortem report showed that most of the deceased’s body parts were swollen due to decomposition, but there were no injuries.
In her ruling, the judge said the deceased, in a bid to escape, ran away from his pursuers, hence he did not want to go where the two would interrogate him and he jumped into the river.
She said the cause of death is not known and the State should establish a causal link between the accused’s act or omission and the death of the accused saying the charge of murder required proof of both the unlawful action and intention to kill.
The State submitted that there was no evidence that the accused inflicted fatal wounds, but stated that the accused person created a situation where the deceased was cornered and was left with no option but to jump into the river.
Baton’s lawyers submitted that the deceased’s conduct in jumping into the river was an intervening act that should absolve the accused, saying the deceased took a conscious risk.
The defence argued that the setting of the scene of the crime was that from the point the deceased was assaulted and fled from the accused, he crossed the Banket-Raffingora road.
The defence pointed out that to the now deceased’s right about 200 metres, there was a police roadblock, and to the left, there was nothing and he could have run towards his left along the road.
But he chose to cross the road and run into Madzingura Farm, where he ran for about 250 metres even though there was adequate room to flee in any other direction except to the river.
The judge said if the deceased was seeking protection, he could have approached the police at the roadblock, but he chose the river. Said the judge:
<blockquote>
There was ample room for the [deceased] to flee in any other direction save for the river. Even though the accused pursued him to about seven metres from the river, it was not reasonable to jump into the river.
He had options to flee in any other direction except the river. There was evidence that the river was full of water and it was known that it had crocodiles.
For an act to constitute an intervening act, there must be a new set of factors that break the link between the accused’s conduct and the result.
</blockquote>
She then acquitted Baton on the charge of murder but found him guilty of assault in contravention of section 89 of the Criminal Law Codification and Reform Act [Chapter 9:23].
The judge said life was lost as a result of high-handedness, adding that they should have taken the deceased to the police officers manning the roadblock.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

A man was accused of chasing a thief who drowned. The man was found guilty of assault, not murder. The thief died after jumping into a river to escape. The court said the man was not responsible for the death. The judge said the thief had other options instead of jumping into the river. The man was acquitted of murder but found guilty of assault. Life was lost because the man didn't take the thief to the police. The cause of death was not clear. The judge said the thief could have gone to the police instead of jumping into the river.

Pursuer Charged With Murder After Fleeing Thief Drowns In River

Two security guards allegedly shot and killed a man at Baguta Farm Compound in Chinhoyi, Mashonaland West Province on Saturday, 20 April, police have said.
The man was shot dead when the two guards were trying to disperse a crowd that had gathered in an attempt to scrounge for leftover maize cobs in the fields at the farm.
In a statement, the Zimbabwe Republic Police (ZRP) said the now deceased had charged at the guards, armed with a knife when he was shot dead. Reads the statement:
<blockquote>
The ZRP confirms a shooting incident in which two security guards, Luckmore Mhiti (30) and Evans Jakarasi (33) shot dead a yet-to-be-identified man at Baguta Farm Compound, Chinhoyi on 20/04/24.
The victim had tried to attack the security guards with a knife after the security guards had fired warning shots to disperse a crowd which had gathered at the farm to pick leftover maize cobs in the fields.
The security guards were hired by the farm owner to provide security at the farm since he was harvesting maize using a combine harvester.
</blockquote>
According to a report, Zimbabwe’s maize harvest is expected to halve to 1.1 million tonnes in 2024 due to an El Niño-induced drought and this poses a huge grain deficit and threatens food security for poor households in the country.
The annual maize consumption requirement for human consumption in Zimbabwe is approximately 1.8 million tonnes, not counting animal feed.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Man Shot Dead At A Farm During Stampede For Leftover Maize Cobs

Tobias Pedzisayi, a member of the Zimbabwe Republic Police (ZRP), was arrested on April 09, 2024, after he allegedly broke into an office and stole US$ 24,000.
Pedzisayi (34), who is stationed at Karoi was arraigned before the Karoi Magistrates’ Court facing charges of unlawful entry.
He was allegedly caught on CCTV camera breaking into the complainant’s office at around 1 AM on 03 March 2024. Said the National Prosecuting Authority (NPA):
<blockquote>
In the CCTV footage, the accused person is allegedly seen breaking a safe using an unidentified object. He allegedly got away with USD24 000. The accused person also stole the CCTV camera which captured his activities.
The complainant found out about the infraction at around 0600hrs and made a report to the Police, leading to the accused person’s arrest on the 9th of April 2024.
The accused person allegedly bought a residential stand, motorcycle and building material worth USD6 000 from the proceeds and all were recovered.
</blockquote>
Pedzisayi will be back in court on 16 April 2024.
In another case, A 32-year-old man, Sipho Moyo from Pumula East, Bulawayo was brought before the Inyathi Magistrates’ Court facing attempted stock theft charges.
The court heard that on 08 March 2024, the complainant’s herd boy went to release goats from the pen.
Shockingly, the herdboy found Moyo sleeping inside the pen. Moyo was then apprehended by the villagers and a search was conducted leading to the recovery of two knives.
He was interviewed by the villagers and he said that he had come with his friend who is still at large. The friend had left him sleeping on the ground.
A report was then made to the Police leading to Moyo’s arrest. He was sentenced to 12 months imprisonment of which 6 months were suspended for 5 years. He will serve 6 months effectively.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Police Officer Steals US$24 000, Goat Thief Found Sleeping In Pen

A suspected thief who was subjected to mob justice in Mahatshula Suburb, Bulawayo, has died.
According to the <a href="https://www.chronicle.co.zw/viral-cpu-thief-dies/">Chronicle</a>, the suspected thief’s confession video went viral after residents apprehended and assaulted him.
His death was confirmed to the publication by ZRP acting spokesperson in Bulawayo Province Assistant Inspector Nomalanga Msebele.
She urged residents to desist from carrying dangerous weapons such as screwdrivers, knives and machetes and axes in public places. Said Msebele:
<blockquote>
Circumstances are that on December 12 at around 2 AM, Lucky Ncube was arrested after being found in possession of a CPU in Mahatshula North by residents.
The residents blew a whistle alerting other members of the community who gathered and started assaulting the now-deceased with knobkerries.
He admitted to stealing the CPU at Cowdray Park, Bulawayo. A police report was then made.
On the same date at around 9 AM, Lucky Ncube was referred to Mpilo Hospital for treatment and was admitted.
Information was later received to the effect that Lucky Ncube had passed on.
The concerned members of the public are assisting the police with further investigations.
In as much as we appreciate arrests effected by members of the public, as the police we warn the community not to take the law into their own hands but to engage the police as soon as a citizen arrest has been effected.
</blockquote>
Mob justice is common in Zimbabwe as members of the public vent their frustrations on suspected thieves.
In September this year, a 45-year-old man, Hloniphani Ndlovu from Maphisa, Kezi in Matabeleland South Province was murdered by a mob of over 20 individuals for robbery.
It was alleged that Ndlovu, armed with a firearm, robbed a group of people. After the robbery, the victims teamed up and pursued Ndlovu.
Upon catching up with him, they subjected him to a severe assault. Subsequently, the suspects handed him over to local police in Maphisa.
Recognising the severity of his injuries, the authorities referred him to hospital.
Ndlovu succumbed to his injuries shortly after being admitted to the hospital.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mob Justice: "Viral" CPU Thief Dies In Hospital

A 31-year-old suspected thief appeared in court on Boxing Day after he broke into several cars and stole valuables including a Bible.
Shepherd Madaka yesterday appeared before Harare magistrate Dennis Mangosi charged with theft.
Allegations are that on 18 April 2022, Madaka stole from a parked car at Queen of Hearts Restaurant in Highlands.
He allegedly smashed the vehicle window and stole iPads, an iPhone, two passports, a Bible, and a magazine all valued at US$5 120. Nothing was recovered.
On 26 April, Madaka allegedly broke into a Honda CRV vehicle that was parked in Borrowdale and stole goods valued at US$7 020 and nothing was recovered.
On 5 May, Madaka allegedly stole from another Honda CRV vehicle at Avondale Infant School.
He was finally arrested on 23 December 2022in Chisipite after his vehicle was searched and two iron T-bars, a mini safety hammer and a multi-functional mini hammer used to commit the crimes were found in the boot of his car.
Madaka was also charged with possession of articles for criminal use. | <a href="https://www.newsday.co.zw/local-news/article/200005539/cheeky-thief-steals-bible-from-motor-vehicle">NewsDay</a>

"Serial Thief" Steals Bible From Motor Vehicle

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