Online Reporter
Danisa Masuku,Court Reporter
A CHINESE investor accused of murdering an artisanal miner, who was prospecting for gold on his premises has appeared at the High Court to face trial. Yang Zhang stood before Bulawayo High Court Judge Justice Naison Chivayo, facing one count of murder in connection with the death of 31-year-old Pardon Gumbo.
Zhang, who is being represented by a legal team including Mr. Admire Rubaya of Rubaya and Chatambudza Legal Practitioners and Mr. Tendai Muvhami of Muvhami Attorneys, denies the charge.
Prosecutor Mr Kudakwashe Jaravaza outlined the State’s case, telling the court the fatal incident occurred on March 5 this year, at the Long Fortune Mine in Colleen Bawn, Gwanda District, Matabeleland South Province.
Mr Jaravaza submitted that on the day in question, the deceased, Mr Gumbo, and his colleagues allegedly entered the mine premises. The group was said to be in possession of two metal detectors and a mattock, which they intended to use to prospect for gold.
“Upon arrival, they were confronted by the mine’s security guard, identified as Gift Tshinga. The deceased and his friends requested permission to prospect for gold, but Tshinga informed them that they were not allowed. They ignored him and continued prospecting,” said Mr Jaravaza.
The court heard that Tshinga then alerted Zhang, who arrived at the mine armed with a firearm.
“Upon arrival, the accused fired several shots at the group, which fled in different directions. Gumbo was struck in the forehead and collapsed,” said the prosecutor.
Zhang and the security guard later went to the site where the group had been working and found Gumbo’s body lying in a pool of blood. The incident was reported to the police, leading to Zhang’s arrest.
A post-mortem conducted at United Bulawayo Hospitals (UBH) concluded that the cause of death was severe brain injury and skull bone fracture.
In his defence, Zhang’s lawyers told the court that the deceased was among a group of approximately 15 illegal miners who had forcefully entered the mine and were using an excavator to extract gold.
“The deceased and other illegal miners had forcefully engaged in prospecting for gold at Yang’s mining site. When Zhang approached the area, he warned them to stop, but they became aggressive and charged at him,” said Mr Rubaya.
He said the group was armed with picks, shovels, and an iron bar, and began shouting at Zhang, threatening to attack him.
“Zhang fired warning shots into the air to disperse them, but they continued advancing. The illegal miners threw stones at him, and one struck him on the chest,” said the lawyer.
Mr Rubaya said Zhang, fearing for his safety, fired another warning shot before retreating to his office.
“A few minutes later, he received a call that a lifeless body had been found in the nearby bush. He rushed to the scene and reported the matter to the police,” he said.
The defence told the court that Zhang was licensed to carry a CZ pistol, which he surrendered to police officers along with all other firearms kept at the mine.
Mr Rubaya further argued that the extraction of evidence from Zhang’s documents or electronic devices was irregular and should be challenged.
Zhang was remanded in custody to October 27 for continuation of trial.
