News / National
Cop cleared for shooting colleague
20 Jul 2017 at 06:49hrs | Views
THE High Court has quashed the sentence of a Bulawayo female cop who was sentenced to 18 months in jail for shooting and injuring her colleague after she accidentally discharged a service firearm at Hillside Police Station.
Melody Anna Marufu (37) of Mpopoma suburb was convicted of negligent or reckless discharge of a firearm by Bulawayo magistrate Ms Gladmore Mushove.
She was sentenced to an effective one year in jail after six months were conditionally suspended for five years.
Dissatisfied with both the conviction and sentence, Marufu through her lawyers Ndove, Museta and Partners lodged an appeal at the Bulawayo High Court citing the National Prosecuting Authority (NPA) as the respondent.
The State which was being represented by Mr Trust Muduma did not challenge the appeal against sentence but challenged the appeal against conviction.
Marufu argued that the lower court misdirected itself at law by trying, convicting and sentencing her on a wrong and incompetent charge under the Criminal Law (Reform and Codification) Act.
The cop further argued that the magistrate erred by disregarding the need to establish what safety precautions had to be taken.
She said the magistrate also ignored the fact that she was handed a loaded firearm by her superior who had also failed to first carry out safety precautions before handing over the gun.
She argued that the sentence was too harsh and induced a sense of shock. Justice Lawrence Kamocha dismissed the appeal against conviction.
The judge, however, upheld the appeal against the sentence. He set aside the 18 months jail term and substituted it with a $300 fine or alternatively three months in jail.
"The trial court fell into error by holding that imprisonment was the only appropriate sentence in the circumstances. The sentence of 18 months could have been suspended on condition of future good behaviour and community service. Even a heavy fine would have been an appropriate punishment in the circumstances," said Justice Kamocha.
"In the result, the appeal against sentence is upheld. The sentence is set aside and replaced with a $300 fine or in default three months imprisonment," ruled the judge.
On October 10, 2013, Marufu was on duty at Hillside Police Station when she received a caliber Norinco pistol for safe keeping from Assistant Inspector Leonard Kanukai Changunda.
The Assistant Inspector had obtained the firearm from another cop, Roy Thabani Sibanda.
The court heard that Marufu took the pistol for safekeeping while in the charge office. She was instructed by Sergeant Noel Mutika to carry out safety precautions on the pistol before handing it over since it was cocked.
However, when Marufu lifted the gun, she accidentally squeezed the trigger and shot another police officer, Thabiso Moyo, who was seated in the charge office.
The bullet hit Moyo's right side of the neck and once on the left middle finger and he was rushed to the United Bulawayo Hospitals (UBH) for treatment.
Marufu was subsequently arrested.
Melody Anna Marufu (37) of Mpopoma suburb was convicted of negligent or reckless discharge of a firearm by Bulawayo magistrate Ms Gladmore Mushove.
She was sentenced to an effective one year in jail after six months were conditionally suspended for five years.
Dissatisfied with both the conviction and sentence, Marufu through her lawyers Ndove, Museta and Partners lodged an appeal at the Bulawayo High Court citing the National Prosecuting Authority (NPA) as the respondent.
The State which was being represented by Mr Trust Muduma did not challenge the appeal against sentence but challenged the appeal against conviction.
Marufu argued that the lower court misdirected itself at law by trying, convicting and sentencing her on a wrong and incompetent charge under the Criminal Law (Reform and Codification) Act.
The cop further argued that the magistrate erred by disregarding the need to establish what safety precautions had to be taken.
She said the magistrate also ignored the fact that she was handed a loaded firearm by her superior who had also failed to first carry out safety precautions before handing over the gun.
She argued that the sentence was too harsh and induced a sense of shock. Justice Lawrence Kamocha dismissed the appeal against conviction.
"The trial court fell into error by holding that imprisonment was the only appropriate sentence in the circumstances. The sentence of 18 months could have been suspended on condition of future good behaviour and community service. Even a heavy fine would have been an appropriate punishment in the circumstances," said Justice Kamocha.
"In the result, the appeal against sentence is upheld. The sentence is set aside and replaced with a $300 fine or in default three months imprisonment," ruled the judge.
On October 10, 2013, Marufu was on duty at Hillside Police Station when she received a caliber Norinco pistol for safe keeping from Assistant Inspector Leonard Kanukai Changunda.
The Assistant Inspector had obtained the firearm from another cop, Roy Thabani Sibanda.
The court heard that Marufu took the pistol for safekeeping while in the charge office. She was instructed by Sergeant Noel Mutika to carry out safety precautions on the pistol before handing it over since it was cocked.
However, when Marufu lifted the gun, she accidentally squeezed the trigger and shot another police officer, Thabiso Moyo, who was seated in the charge office.
The bullet hit Moyo's right side of the neck and once on the left middle finger and he was rushed to the United Bulawayo Hospitals (UBH) for treatment.
Marufu was subsequently arrested.
Source - chronicle
