adminDaniel Nemukuyu Senior Court Reporter
Jailed murderer and ex-police chief superintendent Joseph Chani’s freedom bid hit a brick wall on Monday when the Supreme Court dismissed his appeal against conviction and sentence. Chani was jailed for 18 years in 2002 for fatally assaulting an illegal diamond panner he had arrested at Chiadzwa.
He was also sentenced to three years in jail for assaulting the late Tsorosai Kusena’s relatives, but the sentence runs concurrently with the 18 years for murder.
Supreme Court judge Justice Vernanda Ziyambi sitting with Justices Ben Hlatshwayo and Anne-Mary Gowora dismissed the appeal by Chani saying High Court judge Justice Hlekani Mwayera made the correct findings.
“It is the unanimous decision of this court that the appeal is dismissed and reasons will follow”, ruled Justice Ziyambi.
During the proceedings, the judges grilled Chani’s lawyer Mr Shakespear Karuwa proving to him that his case was weak and that Chani deserved the conviction and penalty imposed.
Justice Ziyambi said Chani’s attack on the defenceless person was brutal and as a senior police officer with experience in handling such murder cases could have foreseen the possibility of death.
“The appellant was a senior police officer holding the rank of Chief Superintendent and he had vast experience in dealing with murder and other serious offences,” said Justice Ziyambi.
“The assault took place for almost two hours with the appellant assaulting a defenceless person who could not even get up from where he was lying. Surely, he could have foreseen death in the assault.”
It had to take the guts of a junior police officer to physically restrain him from assaulting the deceased further.
Justice Gowora said the facts brought before the court proved that Chani was determined to kill the suspect.
Chani, who had pleaded not guilty, was convicted of murder with constructive intent.Charges against Chani, who was the officer commanding Camps and Hostels Support Unit Chikurubi before he resigned, were that he fatally assaulted Kusena in the Chiadzwa diamond fields.
He also assaulted Chani’s brothers, Onesai and Pikirayi, and their nephew, John Gwite, after they were apprehended by the police on allegations of illegal panning.
Online Reporter