News / National
Cornered thief plunges into river, dies
20 Jul 2024 at 12:03hrs | Views
In a recent High Court ruling, a Banket man, Zachariah Baton, was acquitted of murder after a suspected thief he was chasing drowned in Munene River while fleeing. Baton, who appeared before Justice Philda Muzofa at the Chinhoyi High Court, was found guilty of a lesser charge of assault. He received a wholly suspended 18-month prison sentence, with six months suspended for good behavior and 12 months suspended on the condition of performing 430 hours of community service at Banket Police Station.
The central issue in the murder charge was whether Baton was liable for the death of Tawanda Musona, the deceased, who jumped into the river to escape from Baton and his companion. On January 20, Baton and another person had apprehended Musona, a suspected thief, and assaulted him. When Musona tried to escape, he jumped into Munene River, where he was later found dead.
The court's investigation revealed that the cause of Musona's death was indeterminable due to decomposition of the body. Evidence showed no fatal injuries, and witnesses, including a police officer, confirmed Baton's version of events. The post-mortem report could not conclusively determine the cause of death, as the body was severely decomposed.
Justice Muzofa noted that Musona chose to jump into the river despite having other options for escape. The judge ruled that while Baton's actions led to a dangerous situation, they did not directly cause Musona's death. The deceased's decision to flee into the river constituted an intervening act, breaking the causal link between Baton's conduct and the fatal outcome.
The judge highlighted that Baton's high-handedness contributed to the tragedy, noting that Musona could have approached nearby police for help instead of jumping into the river. As a result, Baton was acquitted of murder but found guilty of assault. The sentence, considering Baton’s five months in custody and the circumstances, included both a suspended custodial sentence and community service to reflect justice for the case.
The central issue in the murder charge was whether Baton was liable for the death of Tawanda Musona, the deceased, who jumped into the river to escape from Baton and his companion. On January 20, Baton and another person had apprehended Musona, a suspected thief, and assaulted him. When Musona tried to escape, he jumped into Munene River, where he was later found dead.
Justice Muzofa noted that Musona chose to jump into the river despite having other options for escape. The judge ruled that while Baton's actions led to a dangerous situation, they did not directly cause Musona's death. The deceased's decision to flee into the river constituted an intervening act, breaking the causal link between Baton's conduct and the fatal outcome.
The judge highlighted that Baton's high-handedness contributed to the tragedy, noting that Musona could have approached nearby police for help instead of jumping into the river. As a result, Baton was acquitted of murder but found guilty of assault. The sentence, considering Baton’s five months in custody and the circumstances, included both a suspended custodial sentence and community service to reflect justice for the case.
Source - newsday
