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Mashudu Netsianda, [email protected]
A CHINESE mining supervisor, who fatally shot an artisanal miner at a gold mine in Collen Bawn in Gwanda District following a confrontation over illegal gold prospecting, was yesterday sentenced to eight years in jail.
Yang Zhian (36) shot and killed 31-year-old Pardon Gumbo at Long Fortune Mine in Collen Bawn, on March 5 last year. He was convicted of culpable homicide by Bulawayo High Court judge, Justice Naison Chivayo.
Justice Chivayo sentenced Yang to eight years’ imprisonment, with three years suspended for five years on condition that he does not commit any offence involving violence during that period. He will therefore serve an effective five-year jail term.
The firearm used in the commission of the offence was forfeited to the State.
In passing sentence, Justice Chivayo strongly condemned Yang’s conduct, describing it as reckless and negligent.
“The deceased lost his life during daylight. The usage of a firearm by the offender in these circumstances was completely reckless and he exhibited a high degree of negligence,” said the judge.
“Imprisonment is inevitable. Accordingly, the offender is sentenced to eight years imprisonment, with three years being suspended for five years on condition that he does not commit any offence involving violence during that period.”
In aggravation, prosecutor Ms Elaine Kanengoni said Yang had used a lethal weapon in circumstances that demonstrated extreme recklessness and disregard for human life. She urged the court to impose a deterrent sentence, proposing a 15-year jail term.
In mitigation, Yang — represented by Mr Admire Rubaya of Rubaya and Chatambudza Legal Practitioners, assisted by Mr Tendai Muvhami of Muvhami Attorneys — pleaded for leniency, saying he was a family man and the sole breadwinner for his wife and two minor children.
Prosecuting, Mr Kudakwashe Jaravaza, assisted by Ms Kanengoni, told the court that on the day of the incident, Gumbo and a group of artisanal miners entered the mine armed with metal detectors and a mattock.
A security guard at the mine, Gift Tashinga Mandeya, allegedly tried to stop them, but they ignored the warning and continued prospecting near a slime dam.
Mandeya alerted Yang, who armed himself with a firearm and proceeded to the site.
“Upon his arrival, the accused fired between seven and eight shots towards the group, which scattered in different directions. The deceased was struck on the forehead and collapsed,” said Mr Jaravaza.
The court heard that Yang and the security guard later returned to the scene and found Gumbo lying in a pool of blood. The matter was reported to the police, leading to Yang’s arrest.
Gumbo was taken to Gwanda Provincial Hospital, where he was pronounced dead.
A post-mortem conducted at United Bulawayo Hospitals concluded that the cause of death was severe brain injury and a fractured skull resulting from the gunshot wound.
Online Reporter