Africa-Press – Zimbabwe. By James Muonwa l Mashonaland West Correspondent
PROMINENT director of Security Associated Services (SAS) Private Limited, Mark Patrick Shaw (60), was this Thursday acquitted of murder, but convicted of a lesser charge of culpable homicide for shooting dead a suspected burglar in 2018.
Shaw was facing a murder charge as defined in section 47 of the Criminal Law (Codification and Reform) Act chapter 9:23.
Chinhoyi High Court Judge, Justice Philda Muzofa, sitting with assessors, absolved Shaw of killing with actual intent the now-deceased Edmore Phiri (33) of Murereka, Lion’s Den, but found him guilty of culpable homicide.
The court’s determination was reached following a protracted trial, which saw State and defence calling numerous witnesses.
State counsel, Kesia Teveraishe-Zinyemba appealed to the court to pass a deterrent sentence in order to warn law enforcement agents to desist from being trigger-happy as there were rampant cases of overzealous armed operatives needlessly shooting dead community members they were supposed to protect.
She expressed disdain at Shaw for not showing remorse throughout the trial while lamenting that the now-deceased’s family had lost a breadwinner.
Defence lawyer, David Peter Drury argued that Shaw had shown compassion for unintentionally killing Phiri by financially helping the bereaved family.
The SAS director employs scores of personnel, was a God-fearing family man who had many dependants, and boasts an impeccable history of good citizenship having worked in the Zimbabwe Republic Police (ZRP) where he rose to the rank of inspector, before retiring and therefore must be spared custodial sentence, the defence counsel submitted.
Accused person, Drury further averred, has consistently assisted police with resources to carry out its constitutional obligations, just like on the fateful day when he tried to help apprehend the now-deceased.
Shaw was remanded out of custody to next Wednesday for sentencing.
State case was that on March 31, 2018 Bruce Douglas of Lion’s Den farm travelled to Harare and left his house locked with all property intact.
Court heard he left his son, Nathan Douglas, who lives about 50 metres away within the same farm, to watch over the house.
It was heard that on April 1, at around 7pm Bruce returned from Harare and upon arrival noticed his front French door had been vandalised.
He entered the house and as he walked down the passage, he bumped into two male adults, one of them wearing a blue baseball T-shirt and white three quarter shorts.
Bruce closed the door and switched on lights and this is when one of the intruders armed himself with a golf stick and struck Bruce once on the head as they wanted to flee.
Assailants further pelted defendant on the back using a stone and he fell to the ground, thereby giving the intruders room to escape.
Bruce immediately informed his son, Nathan about the attack and gave him descriptions of assailants.
Nathan in turn got in touch with SAS and gave Shaw the description of suspects as told by Bruce.
Shaw proceeded to Chinhoyi Central ZRP charge-office then Murereka Police Station, where he was assigned two constables, namely Mhlanga and Mutumbani to attend the robbery scene.
As the trio drove towards Murereka shops, they spotted now deceased Phiri, who matched the description as given earlier, coming from the direction of Lion’s Den farm.
Cst Mhlanga gave chase but Phiri dodged and took to his heels.
At this juncture, Shaw disembarked from the car, drew out his CZ Luger pistol and fired three shots, thereby hitting the suspect once on the left arm and once in the back.
The now deceased collapsed some 100 metres from the spot he was shot before he was rushed to Chinhoyi Provincial Hospital, where he was pronounced dead on arrival.
Shaw was arrested and the gun with a magazine with eight live rounds was recovered. Also, three spent cartridges and two bullet heads discharged from his pistol were collected from the scene and sent for ballistic examination.
On April 4, 2018 a post-mortem established Phiri died of “penetrating chest trauma secondary to gunshot injury”.
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