By Staff Reporter

The High Court has slapped an eight-year custodial sentence to a Chinese mining supervisor, who fatally shot an artisanal miner at a gold mine in Collen Bawn in Gwanda District following a confrontation over illegal gold prospecting.

Justice Naison Chivayo convicted Yang Zhian (36) of culpable homicide for fatally shooting Pardon Gumbo (31) at Long Fortune Mine in Collen Bawn, on March 5 last year.

Three years of the sentence were suspended for five years on condition that he does not commit any offence involving violence during that period. He will therefore serve an effective five-year jail term.

In passing sentence, Justice Chivayo strongly condemned Yang’s conduct, describing it as reckless and negligent.

“The deceased lost his life during daylight. The usage of a firearm by the offender in these circumstances was completely reckless and he exhibited a high degree of negligence,” said the judge. Imprisonment is inevitable. Accordingly, the offender is sentenced to eight years imprisonment, with three years being suspended for five years on condition that he does not commit any offence involving violence during that period.”

In aggravation, prosecutor Ms Elaine Kanengoni said Yang had used a lethal weapon in circumstances that demonstrated extreme recklessness and disregard for human life. She urged the court to impose a deterrent sentence, proposing a 15-year jail term.

In mitigation, Yang’s defence team pleaded for leniency arguing he was a family man and the sole breadwinner for his wife and two minor children.

The prosecutors submitted to the court that on the day of the incident, Gumbo and a group of artisanal miners stormed the mine armed with metal detectors and a mattock. Security details at the mine allegedly tried to stop them, but they ignored the warning and continued prospecting near a slime dam.

Yang, was alerted, armed himself with a firearm and proceeded to the site.

“Upon his arrival, the accused fired between seven and eight shots towards the group, which scattered in different directions. The deceased was struck on the forehead and collapsed,” said the prosecutor.

The court heard that Yang and the security guard later returned to the scene and found Gumbo lying in a pool of blood. The matter was reported to the police, leading to Yang’s arrest.

Gumbo was taken to Gwanda Provincial Hospital, where he was pronounced dead and a post-mortem conducted concluded that the cause of death was severe brain injury and a fractured skull resulting from the gunshot wound.