Online Reporter
Fidelis Munyoro
The Supreme Court has dismissed an appeal by Cai Yulong, a Chinese mining entrepreneur, upholding his conviction and sentence for murder, attempted murder and assault.
Cai, 56, had been convicted by the High Court for shooting and killing Mr Goni Goni, a worker at a neighbouring mine, Blackhand 10 Mine, during an altercation underground on May 24, 2024.
He was also convicted of injuring Mr John Muchawaya Bera after shooting him in the legs and assaulting another worker, Mr Lovemore Mapfanya, during the same incident.
The High Court sentenced him to 30 years for murder, 10 years for attempted murder (with five suspended), and fined him for the assault. Dissatisfied, Yulong appealed both his conviction and sentence.
Writing the judgment for the court, Justice Joseph Musakwa dismissed Cai’s defence that he acted in self-defence and in defence of his property.
The court found his actions unjustifiable, concluding that the shooting of unarmed miners constituted an excessive and disproportionate use of force.
Justice Musakwa remarked, “The use of a firearm against fleeing individuals cannot be described as necessary or reasonable.
“The appellant’s actions demonstrated malice and a blatant disregard for the sanctity of human life.”
The conflict stemmed from an underground boundary dispute between Cai’s Blue Mine and Blackhand 10 Mine, owned by Mr Cornelius Shariwa.
On the day of the incident, workers from Blackhand 10 Mine were erecting a barricade to separate the two mines.
Cai claimed the workers were illegal artisanal miners stealing ore from his mine and argued that he was defending himself after they allegedly advanced towards him with weapons.
The court rejected this narrative, relying on evidence that Mr Goni, Mr Bera and Mr Mapfanya were legitimate employees of Blackhand 10 Mine working under Mr Shariwa’s instructions.
The court found that Cai armed himself with a firearm and descended into the mine, where he encountered the workers.
Despite their attempts to flee after he fired warning shots, Cai pursued them and opened fire, killing Mr Goni and injuring Mr Bera.
The post-mortem report revealed that Mr Goni died from excessive bleeding caused by a gunshot wound to the thigh. The injuries inflicted on Mr Bera, who was shot in the knee and thigh, were similarly severe.
Justice Musakwa noted, “The appellant descended into the mine prepared to confront those he believed to be intruders.
“His conduct belies any suggestion of imminent danger. Even if he believed his property was under threat, firing at fleeing individuals was grossly disproportionate and unnecessary.”
The court also dismissed Cai’s argument that the victims were illegal artisanal miners. Testimony from Mr Shariwa and other witnesses established that Mr Goni and his injured colleagues were employees performing legitimate work.
The court highlighted Cai’s failure to produce evidence substantiating his claim that the sacks carried by the workers contained stolen gold ore.
Justice Musakwa underscored, “The appellant’s account was riddled with inconsistencies and contradicted by credible evidence from the State witnesses.”
Cai will serve a 30-year sentence for murder, with additional penalties for the attempted murder and assault.
The court emphasised the need to uphold the value of human life, with Justice Musakwa stating, “No claim to property can justify the excessive use of force or the loss of life.
“The appellant’s actions were reckless and devoid of any regard for legal or moral boundaries.”
The appeal was dismissed in its entirety, with Justices Mavangira and Bhunu concurring.
