In Zimbabwe, Just How Much Is A Person's Life Worth?
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Today I look at the value the Zimbabwean judiciary place on a person’s life.
Culpable Homicide – a crime which entails the taking of a person’s life through negligence where there was no intent to take a life, or cause harm.
The indiscriminate firing of a firearm in a public place would constitute that negligence – and the fact that the person who did the shooting was a senior member of the pro-Mugabe ZRP speaks volumes in that there was no thought given to the possibility that someone may be injured, or, as in this case, even killed.
You may recall that I commented on the slowness and reluctance that the judiciary and the legal world in Zimbabwe have in clearing cases that involve not only just ZANU PF, but anyone who is remotely connected with the party or Mugabe.
The case I was referring to was the shooting dead by a senior police officer of a civilian during what the police officer claims was an armed incident.
This morning I see that the case has been finalised. The officer was sentenced to 5 months in jail or a US$500 fine.
"A senior police officer in Zimbabwe's second city Bulawayo has been sentenced to five months in jail of a fine of US$500 for fatally shooting a 25-year old man during New Year's Day celebration three years ago.
Passing sentence Bulawayo High Court Judge Nicholas Mathonsi said Superintendent Milos Moyo deserved criminal sanctions for his reckless behavior when he opened fire on a group of people who were celebrating New year and hit Artwell Magagada in the head killing him.
In his defence, Moyo told the court that he was trying to shoot at a fleeing robber but misdirected his shot and instead hit and killed Magagada.
But the judge dismissed the Moyo's, telling the police "...the law demands that criminal sanctions be visited upon you. You were overzealous in your chasing of the criminal and did not get your bearings right in discharging your firearm resulting in the loss of life. You were careless in firing at a crowded place the way you did."
Perhaps the strangest thing was in Moyo's defence. The bullet fragmented when it struck the deceased and forensics were unable to match the fragments to Moyo's handgun.
Moyo then tried to suggest that his was not the only firearm that was discharged as he maintained the 'robber' in the Isuzu pick-up that he was chasing had brandished a firearm.
Five months in jail for the life of an innocent man... You tell me who got the better part of the deal.
Robb WJ Ellis
The Bearded Man
