BULAWAYO
–
A
Chinese
mining
supervisor
who
shot
dead
a
suspected
illegal
gold
panner
during
a
confrontation
at
a
mine
in
Gwanda
has
been
sentenced
to
an
effective
five
years
in
jail
after
the
court
ruled
that
his
actions
were
“completely
reckless”.
Yang
Zhian,
37,
was
sentenced
to
eight
years’
imprisonment
by
Bulawayo
High
Court
judge
Justice
Chivhayo.
Three
years
were
conditionally
suspended,
leaving
him
to
serve
five
years
behind
bars.
Zhian,
a
supervisor
at
Long
Fortune
Mine
in
Collen
Bawn,
was
acquitted
of
murder
but
convicted
of
culpable
homicide
over
the
March
5
shooting
of
31-year-old
Pardon
Gumbo
during
a
dispute
over
illegal
gold
prospecting.
The
court
heard
that
Gumbo
and
a
group
of
artisanal
miners
had
entered
the
mine
armed
with
metal
detectors
and
a
mattock.
A
security
guard,
Gift
Tashinga
Mandeya,
tried
to
stop
them,
but
they
allegedly
continued
prospecting
near
a
slime
dam.
Mandeya
alerted
Zhian,
who
armed
himself
with
a
firearm
and
fired
towards
the
group.
Gumbo
was
struck
on
the
forehead
and
later
pronounced
dead
at
Gwanda
Provincial
Hospital.
Zhian,
represented
by
Admire
Rubaya,
claimed
he
was
acting
in
self-defence
and
had
only
fired
three
warning
shots
to
scare
away
the
miners.
But
witnesses
–
including
Mandeya
–
told
the
court
they
heard
between
seven
and
eight
gunshots.
Rubaya
pushed
for
a
non-custodial
sentence,
arguing
that
Zhian
had
acted
to
protect
himself
and
company
property.
The
defence
also
said
Zhian
had
spent
a
year
on
remand,
even
after
the
Supreme
Court
granted
him
bail,
due
to
an
outstanding
immigration
warrant
of
detention.
Rubaya
further
told
the
court
that
Zhian
had
paid
US$4,000
towards
funeral
expenses
and
was
prepared
to
offer
US$5,000
for
the
medical
care
of
Gumbo’s
widow
and
their
two-year-old
son.
But
Gumbo’s
father
dismissed
the
claims,
saying
the
family
had
not
received
any
funeral
assistance.
In
an
emotional
address
to
the
court,
he
said
he
had
gone
to
the
mine
seeking
blood-stained
soil
to
bury
with
his
son
and
to
ask
for
help,
but
was
told
the
company
did
not
assist
“people
who
were
stealing.”
“The
death
of
my
child
is
not
worth
any
payment,”
he
said,
declining
the
$5,000
offer
of
compensation.
“When
I
needed
assistance,
I
didn’t
get
it.”
When
asked
what
amount
he
would
consider,
the
grieving
father
replied:
“I’m
emotionally
unstable
to
make
a
rightful
decision.”
The
state
had
urged
the
court
to
impose
a
15-year
jail
term,
saying
a
strong
message
must
be
sent,
particularly
where
foreign
investors
are
involved.
Prosecutors
argued
that
the
level
of
negligence
was
high
and
that
there
were
aggravating
factors,
including
the
daytime
use
of
a
firearm
against
unarmed
prospectors.
In
passing
sentence,
Justice
Chivhayo
outlined
what
he
called
the
“golden
rules
about
guns”
–
that
if
in
doubt,
one
must
not
fire,
and
where
force
is
unavoidable,
the
aim
should
be
to
disable
rather
than
kill.
“The
deceased
lost
his
life
in
broad
daylight.
He
was
looking
for
gold.
The
use
of
a
firearm
in
those
circumstances
was
completely
reckless,”
the
judge
said.
He
found
that
the
shooting
exhibited
a
high
degree
of
negligence.