Africa-Press – Zimbabwe. Two DGL Investment mine security guards charged with murder and attempted murder after fatally shooting an illegal miner and injuring another have been granted bail by the High Court.
Mbekezeli Ngwabi (45), who is facing a murder charge, and Elisha Matsvai (52), charged with attempted murder, were each granted US$800 bail by High Court judge, Justice Ngoni Nduna.
However, mine owner Francisco Marconati, who faces a lesser charge of contravening Section 28(2) of the Firearms Act, was denied bail by the same court.
Marconati is accused of supplying firearms to the two guards on November 30 despite them not being licensed to possess or use the weapons. The firearms were allegedly later used in the commission of the offences. This is despite the weapons being registered in the name of DGL Investment.
Marconati is expected to approach the Inyathi Magistrates Court to apply for bail on changed circumstances following the granting of bail to the two guards.
Following the incident, Marconati issued a statement condemning the use of live ammunition, stating that company policy permits only rubber bullets for crowd control. He said the guards had acted against explicit company instructions and that the violent outcome was not sanctioned.
Police allege that the two guards were not authorised to carry firearms and that the weapons were subsequently used in the commission of murder and attempted murder at the mine.
In their High Court bail application, Ngwabi and Matsvai denied committing the offences, stating that they were responding to an invasion of one of the company’s gold mines by a large group of illegal miners who had overpowered a guard manning the area.
They told the court that upon arrival they managed to disperse the group and arrested one illegal miner, whom they handcuffed. However, as they were retreating to hand the suspect over, the group regrouped and forcibly freed the detained miner.
The pair submitted that as they attempted to retreat safely, they found themselves surrounded by armed illegal miners and fired warning shots to create an escape route from what they described as a life-threatening situation.
They argued that they acted in self-defence, which they said constituted a reasonable and probable defence that would be fully canvassed during trial.
After considering the submissions, Justice Nduna granted the two guards bail.
Marconati is expected to file his bail application at the Inyathi Magistrates Court on changed circumstances.
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