Chipinge Commercial Farmer Who Shot Security Guard While Shooting Stray Dogs Convicted
A commercial farmer from Chipinge, who shot and injured his security guard while shooting dogs that had strayed into his cattle pens, was last week convicted of the crime.
Joubert Francois Johannes, (36), of Lushon Farm, appeared before senior Chipinge magistrate Mr Joshua Nembaware last Thursday facing charges of negligently causing serious bodily harm.
In convicting him, Mr Nembaware noted, among other things, that Joubert acted unreasonably.
“He did not exercise proper care and he was not even remorseful after the shooting. He blamed the complainant for his negligence,” said Mr Nembaware.
In mitigation, through his lawyer Mr Langton Mhungu, of Kwirira and Associates, the farmer pleaded for a non-custodial sentence saying he was a first offender and that he had no intention to injure the complainant.
However, in aggravation, the State pressed for a deterrent sentence.
The court then adjourned in terms of Section 54(2) of the Magistrates Courts Act to seek for increased sentencing jurisdiction from the Prosecutor General.
The matter was remanded to June 11 for sentencing.
Prosecutor Mr Gift Bikita said on October 5 last year at around 6am, the suspect and his employee Francis Makuyana (63) were at the shed at the accused’s house.
Johannes then saw some stray dogs which had entered into his cattle pens. He went into his house and armed himself with a shot gun.
The complainant then went to the guardroom where he intended to prepare his meal.
Johannes then fired two shots hitting one of the dogs which died instantly, but the other shotgun pellet strayed and hit the complainant in the stomach.
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