A CHINESE national has been sentenced to 30 years imprisonment for the murder of a mine worker in Zhombe, Midlands and another 10 years for attempted murder.
The convict, Cai Yulong, a mine manager for Stone Steel Blue Mine in Zhombe, was also fined US$100 for assaulting a colleague of the deceased.
According to court papers, Cai was on a Temporary Employment Permit and managing Stone Steel Mine, also known as Blue Mine.
The mine shares a boundary with Blackhand 10 Mine, owned by Cornelius Shariwa.
The court heard that the deceased, Goni Goni (23), and other complainants were employees of Blackhand 10 Mine.
On the fateful day, they had gone underground to erect a barricade at the intersection of the two mines — Stone Steel Mine and Blackhand 10 Mine.
Cai allegedly entered his mine using the shaft and went to the intersection of the two mines and confronted the deceased and his colleagues.
Court papers indicate that Cai shot at Shariwa’s employees, killing Goni and injuring John Muchawaya Bera.
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He allegedly also struck another worker, Lovemore Mapfanya, on the head.
Justice Esther Muremba, who heard the case at the Gokwe High Court circuit convicted Cai after submissions made by both parties.
"The sanctity of human life must be upheld and the accused’s actions demonstrate cold-blooded killing,” Justice Muremba ruled.
“The accused intentionally killed the deceased and the deceased’s father provided a victim impact statement indicating the profound trauma caused by his son’s death.”
Justice Muremba said the family of the deceased wanted the Chinese national sentenced to death.
"The deceased was also the breadwinner for his family and his loss has left them facing significant financial and emotional challenges,” the judge said.
“The father has expressed a desire for the death penalty to be imposed, while the State has prayed for a sentence of 40 years imprisonment.”
Justice Muremba said Cai showed no mercy against the surviving victim.
“The complainant was shot while running away and the victim's impact statement reveals the profound pain and trauma he endured,” the judge said.
“The complainant has no hope of returning to the mining industry due to his inability to perform heavy duties. He now fears for his family’s future.”
The judge said the Chinese national committed attempted murder in aggravating circumstances.
“The presumptive penalty for attempted murder committed under such circumstances is five years’ imprisonment, but given the severity of the offence, a higher penalty is warranted,” the judge ruled.
“The accused exhibited a high degree of cruelty by holding the complainant with one hand while shooting him in the back of his legs, completely disabling him from walking.”
The convict will serve 35 years after 5 years were suspended conditionally.
“However, to avoid an excessive overall sentence, five years of this sentence will be suspended for five years on the condition that the accused does not commit an offence involving violence on the person of another during this period.”
"The effective sentence for attempted murder will be five years imprisonment, which we will order to run concurrently with the sentence for murder.”
