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Brenda Zinyuke, Court Reporter
A MAN from Bulawayo who was shot and injured by police during violent demonstrations in January has been sentenced to four years in jail.
Promise Mandizha Dube (30) of Luveve suburb was part of a violent and rowdy crowd that besieged Choppies supermarket in the same suburb and attempted to disarm a police officer resulting in the shooting.
Dube had pleaded not guilty to public violence charges when he appeared before Bulawayo magistrate, Mr Tinashe Tashaya.
The magistrate sentenced him to four years in prison and suspended one year for five years on condition that Dube does not commit a similar offence within that period.
In mitigation through his lawyer, Mr Jabulani Mhlanga of Zimbabwe Lawyers for Human Rights, Dube begged the court to give him a non-custodial sentence as he is a single father.
“Your Worship the accused person is a single father and a breadwinner who is self-employed as a plumber. He was incarcerated for three months pending trial and was later granted bail.
“The incarceration period was at the fault of the State as it took long to compile evidence against him. We therefore pray that the court considers a warned and cautioned sentence. However if need be, the accused person is prepared to perform community service at Imbizo Primary School,” said Mr Mhlanga.
The State represented by Mr Leonard Chile argued that the offence is serious and as such community service or a warned and cautioned sentence would trivialise it.
“The accused person was trying to disarm a police officer and no one knows what he could have done had he succeeded. Considering the period during which the offence was committed, many business people lost their property because of such conduct. The only befitting sentence is six to nine months effective incarceration,” said the prosecutor.
Mr Chile said on January 15 at around 1PM, Dube with a group of other accomplices were demonstrating in front of Choppies Supermarket in Luveve suburb.
The group threw stones at police officers who were guarding the supermarket.
“The police officers fired one warning shot in the air and the violent crowd dispersed,” Mr Chile said.
He said after two hours, Dube came back to the supermarket carrying two car tyres which he stuffed with papers intending to set them alight.
Mr Chile said police officers ordered him to leave the supermarket and not set it on fire but he refused and called for backup from some of his accomplices.
The crowd approached police officers pelting them with stones.
“One of the police officers fired three warning shots into the air but the accused person continued to move towards him and tried to take away the firearm but failed to do so,” Mr Chile said.
He said a struggle ensued between the two until the police officer gained full control of the firearm and shot Dube on the thigh.
The crowd retreated and police officers managed to escape.
The prosecutor said on January 23, police officers received information that Dube was admitted at Mpilo Central Hospital as a result of the injury he suffered when he was shot.
Police officers made their way to the hospital where Dube was arrested but he remained in hospital under police guard. — @zinyuke98
Online Reporter