News / National
Cop who shot kid dead appeals against conviction, sentence
20 Jun 2016 at 02:15hrs | Views
A POLICE detective, who shot dead a 12-year-old boy during a raid at a house in Gweru, 12 years ago, has been granted a $100 bail pending appeal by the High Court. Dumezweni Mahlangu was in August 2007 convicted of culpable homicide by a Gweru regional magistrate and sentenced to an effective four years in jail.
He noted an appeal against both conviction and sentence a month later which the state conceded to, resulting in him being granted bail pending appeal on October 3, 2007.
It is not clear what happened thereafter, but on March 20 this year, about nine years later, Mahlangu was advised by the registrar of the High Court on the expiry of that appeal after failing to pay for the transcription of the record.
The appeal was deemed abandoned and dismissed on the grounds that Mahlangu failed to comply with the rules of the High Court. He was re-arrested on April 26 this year and taken to prison to commence his jail term.
Mahlangu through his lawyers, Dube-Tachiona and Tsvangirai, then filed an application for reinstatement of the appeal against conviction and sentence on May 6, 2016 seeking admission to bail pending the hearing of his appeal.
Bulawayo High Court judge Justice Nicholas Mathonsi granted Mahlangu $100 bail and ordered him to continue residing at his given address pending the finalisation of the appeal. The judge ruled that the appeal against conviction and sentence carries prospects of success.
"In fact there is merit in the application because there are prospects of success on appeal. The court would not want to appear to impede police officers in the execution of their duties by assessing their conduct with a magnifying glass of high power," said Justice Mathonsi. The judge said the courts should strike a balance by ensuring that police are able to discharge their duties without the shackles of armchair critics.
"In my view, even if the conviction is upheld, it would be extremely difficult to justify the sentence that was imposed for what was clearly an unfortunate shooting by a police officer in the bona fide execution of his duties. There's no doubt that the appeal has bright prospects of success," said Justice Mathonsi.
Mr Whisper Mabaudhi, for the state, had opposed bail. The court heard that on January 8, 2004, shortly after 1PM, Mahlangu was part of a team of four detectives from Kwekwe CID that raided a house in Gweru where an armed robber was hiding.
During the course of the operation, Mahlangu who was assigned to guard some of the occupants while others combed the house, accidentally discharged his service pistol and fatally shot the victim.
He noted an appeal against both conviction and sentence a month later which the state conceded to, resulting in him being granted bail pending appeal on October 3, 2007.
It is not clear what happened thereafter, but on March 20 this year, about nine years later, Mahlangu was advised by the registrar of the High Court on the expiry of that appeal after failing to pay for the transcription of the record.
The appeal was deemed abandoned and dismissed on the grounds that Mahlangu failed to comply with the rules of the High Court. He was re-arrested on April 26 this year and taken to prison to commence his jail term.
Mahlangu through his lawyers, Dube-Tachiona and Tsvangirai, then filed an application for reinstatement of the appeal against conviction and sentence on May 6, 2016 seeking admission to bail pending the hearing of his appeal.
"In fact there is merit in the application because there are prospects of success on appeal. The court would not want to appear to impede police officers in the execution of their duties by assessing their conduct with a magnifying glass of high power," said Justice Mathonsi. The judge said the courts should strike a balance by ensuring that police are able to discharge their duties without the shackles of armchair critics.
"In my view, even if the conviction is upheld, it would be extremely difficult to justify the sentence that was imposed for what was clearly an unfortunate shooting by a police officer in the bona fide execution of his duties. There's no doubt that the appeal has bright prospects of success," said Justice Mathonsi.
Mr Whisper Mabaudhi, for the state, had opposed bail. The court heard that on January 8, 2004, shortly after 1PM, Mahlangu was part of a team of four detectives from Kwekwe CID that raided a house in Gweru where an armed robber was hiding.
During the course of the operation, Mahlangu who was assigned to guard some of the occupants while others combed the house, accidentally discharged his service pistol and fatally shot the victim.
Source - chronicle
