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Walter Mswazie, Masvingo Correspondent
A CHIREDZI River Conservancy game scout who was facing charges of shooting dead a man whom he found poaching fish from a dam where he works at night has been acquitted.

Appearing before Masvingo High Court Judge Justice Joseph Mafusire last Friday, Chali Mupo (48) of Wasara Ranch pleaded not guilty to a murder charge in connection with the death of Brighton Chimanise (44).

Justice Mafusire sitting with assessors Mr Joseph Mushuku and Mr Poster Dauramanzi found Mupo not guilty of murder.

Justice Mafusire gave Mupo who was represented prodeo by Mr Frank Chirairo of Makause and Saratoga Legal Practitioners the benefit of doubt and consented to the defence lawyer’s application for discharge.

He accepted the defence lawyer’s assertion that Mupo’s actions of carrying out anti-poaching activities were above board and thus he benefits from the same indemnity extended to all game scouts working under the Zimbabwe Parks and Wildlife Management Authority.

In his judgment, Justice Mafusire said the State failed to prove a case against the accused according to the Zimbabwe Parks and Wildlife Management Authority Indemnity Act.

The Act exempts from legal responsibility one’s actions in relation to among others possible death emanating from carrying out anti-poaching operations.

“From the evidence led for the State, the accused was acting under the delegated authority of the designated officer, inspector or employee of Parks and Wildlife Management Authority, if not the Director –General himself.

“In the circumstances, I am satisfied that the State has not laid out such a prima facie case against the accused as to warrant him being put to defence. I am satisfied that the accused is covered by the indemnity conferred by Section 3 of the Indemnity Act,” said Justice Mafusire.

In defence, Mr Chirairo said given the indemnity that Mupo enjoyed, the State did not have grounds to oppose an application for discharge.

“I have purposefully highlighted ‘indemnified person’ and in ‘good faith’ because the expression formed the bulwark of the State case in its entirety, and its opposition to the application for discharge in particular. As if that is not enough, the accused said he did not shoot the accused intentionally but it is the accused who fled towards the direction of the bullet and met his fate,” said Mr Chirairo

For the State Mr Takunda Chikwati said in April 2014, Mupo and his workmate, Mr Chamunorwa Ngomani were on patrol around Dundwa Dam. Mupo was armed with a twelve bore Remington shotgun.

“Mr Ngomani and Mupo were deployed by their superior Mr Martin Sibanda to Dundwa Dam which is within Wasara Ranch under Chiredzi River Conservancy. The property is controlled by the Zimbabwe National Parks and Wildlife Management Authority. As they approached the dam, they saw Chimanise casting nets from a home-made canoe while inside the dam but close to the edge,” said Mr Chikwati.

The court heard that Mupo and Mr Ngomani walked around the dam and closed in on Chimanise with Mupo leading.

He said Chimanise lit a fire and was smoking a cigarette and might have had sensed Mupo’s presence.

“When Mupo was about 10 metres away from the deceased. Chimanise suddenly grabbed a piece of burning firewood and hurled it at Mupo and Mr Ngomani. At the same time Ngomani heard Mupo cocking his gun and firing instantly after which Chimanise yelled and fell down. Chimanise was shot from the back and the bullet pierced through the right side of his chest and he died,” he said.

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