Supreme Court upholds conviction and sentence of Chinese national

The Supreme Court has dismissed an appeal by Chinese mining entrepreneur Cai Yulong, upholding his conviction and sentence for murder, attempted murder and assault arising from a deadly shooting at a mine in 2024.

Cai (56) was convicted by the High Court after he shot and killed Mr Goni Goni, a worker at neighbouring Blackhand 10 Mine, during an underground confrontation on May 24, 2024. He also shot and seriously injured Mr John Muchawaya Bera and assaulted Mr Lovemore Mapfanya during the same incident.

The High Court sentenced Cai to 30 years' imprisonment for murder, 10 years for attempted murder — with five years suspended — and imposed a fine for assault. He appealed both his conviction and sentence, arguing that he had acted in self-defence and in defence of his property.

In a judgment dismissing the appeal, Justice Joseph Musakwa, writing for the Supreme Court, found Cai's actions unjustifiable and ruled that the use of lethal force against unarmed and fleeing workers was excessive and disproportionate.

"The use of a firearm against fleeing individuals cannot be described as necessary or reasonable," Justice Musakwa said. "The appellant's actions demonstrated malice and a blatant disregard for the sanctity of human life."

The court heard that the incident arose from an underground boundary dispute between Cai's Blue Mine and Blackhand 10 Mine, owned by Mr Cornelius Shariwa. On the day of the shooting, workers from Blackhand 10 Mine were erecting a barricade to demarcate the two mining operations.

Cai claimed the men were illegal artisanal miners stealing ore from his mine and alleged that he fired in self-defence after they advanced towards him with weapons. The court rejected this version, finding that the victims were legitimate employees acting under instructions from their employer.

Evidence showed that Cai armed himself with a firearm and descended underground, where he confronted the workers. After firing warning shots, he pursued them as they attempted to flee, opening fire and fatally wounding Goni while seriously injuring Bera.

A post-mortem examination revealed that Goni died from excessive bleeding caused by a gunshot wound to the thigh. Bera sustained severe injuries after being shot in the knee and thigh.

Justice Musakwa noted that Cai's conduct contradicted his claims of imminent danger. "The appellant descended into the mine prepared to confront those he believed to be intruders," he said. "Even if he believed his property was under threat, firing at fleeing individuals was grossly disproportionate and unnecessary."

The court also dismissed Cai's assertion that the victims were illegal miners, noting that he failed to produce evidence that the sacks they were carrying contained stolen gold ore. Testimony from Shariwa and other State witnesses established that the men were engaged in legitimate mining work.

"The appellant's account was riddled with inconsistencies and contradicted by credible evidence from the State witnesses," Justice Musakwa said.

In dismissing the appeal in its entirety, the court stressed the primacy of human life over property disputes.

"No claim to property can justify the excessive use of force or the loss of life," Justice Musakwa ruled. "The appellant's actions were reckless and devoid of any regard for legal or moral boundaries."

Justices Mavangira and Bhunu concurred with the judgment, leaving Cai to serve his 30-year sentence for murder, alongside the additional penalties for attempted murder and assault.