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Guard escapes jail time for community service after accidental fatal shooting
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A 21-year-old security guard, Anthony Mutefara, has been spared jail time after the High Court convicted him of culpable homicide over the accidental shooting that resulted in the death of a miner at Sengy Mine last year.
Mutefara was initially facing a murder charge, but the court found that his actions amounted to negligence rather than intent. He was sentenced to three years in prison; however, 12 months were set aside in exchange for two years on condition that he does not commit a similar offence. The remaining 24 months were suspended on the condition that he performs 820 hours of community service at Mkoba Clinic.
The tragic incident occurred when Mutefara was only two days into his new security guard role at Sengy Mine Post in Kadoma. On the day of the shooting, the deceased miner, accompanied by two co-workers, was sitting by the security guard cabin, charging his phone using an inverter installed inside the room. The inverter was positioned near a bed inside the cabin, where Mutefara was stationed.
According to Mutefara's testimony, he had just taken over duty and was inside the cabin when the miner quietly entered to retrieve his charged phone and plug in another for charging, as was customary for workers returning from underground shifts.
Mutefara explained that he had already taken safety precautions with the firearm he was handed, engaging the safety catch and attempting to clear a jammed bullet from the gun's barrel. While retrieving the bullets, Mutefara placed the firearm on the bed and bent over, unaware of the miner's presence. It was then that the gun accidentally discharged, causing the fatal injury.
Witnesses recounted hearing a sudden loud bang that startled the miners nearby, who immediately fled the scene. One of the witnesses, Peter Milton, returned to find the deceased lying unconscious by the cabin door and saw Mutefara in shock, holding the firearm. Both the witness and Mutefara repositioned the injured miner outside the cabin as Mutefara tried to stem the bleeding using his own clothing.
In his ruling, the judge stated that the evidence pointed to carelessness rather than recklessness, noting that Mutefara had taken precautionary measures but acted negligently by leaving a semi-loaded gun unsupervised in a confined space. The judge concluded that there was no intention to cause harm, which led to the conviction of culpable homicide rather than murder.
Mutefara's sentence reflects the court's view that while his negligence had tragic consequences, it did not warrant imprisonment given the circumstances and his willingness to comply with community service as restitution.
Mutefara was initially facing a murder charge, but the court found that his actions amounted to negligence rather than intent. He was sentenced to three years in prison; however, 12 months were set aside in exchange for two years on condition that he does not commit a similar offence. The remaining 24 months were suspended on the condition that he performs 820 hours of community service at Mkoba Clinic.
The tragic incident occurred when Mutefara was only two days into his new security guard role at Sengy Mine Post in Kadoma. On the day of the shooting, the deceased miner, accompanied by two co-workers, was sitting by the security guard cabin, charging his phone using an inverter installed inside the room. The inverter was positioned near a bed inside the cabin, where Mutefara was stationed.
According to Mutefara's testimony, he had just taken over duty and was inside the cabin when the miner quietly entered to retrieve his charged phone and plug in another for charging, as was customary for workers returning from underground shifts.
Witnesses recounted hearing a sudden loud bang that startled the miners nearby, who immediately fled the scene. One of the witnesses, Peter Milton, returned to find the deceased lying unconscious by the cabin door and saw Mutefara in shock, holding the firearm. Both the witness and Mutefara repositioned the injured miner outside the cabin as Mutefara tried to stem the bleeding using his own clothing.
In his ruling, the judge stated that the evidence pointed to carelessness rather than recklessness, noting that Mutefara had taken precautionary measures but acted negligently by leaving a semi-loaded gun unsupervised in a confined space. The judge concluded that there was no intention to cause harm, which led to the conviction of culpable homicide rather than murder.
Mutefara's sentence reflects the court's view that while his negligence had tragic consequences, it did not warrant imprisonment given the circumstances and his willingness to comply with community service as restitution.
Source - NewZimbabwe
