Gold panner’s killer fined $1 000

A Kadoma security guard was fined $1 000 for killing a gold panner during skirmishes at a mine on the outskirts of the town. Tobias Masauso, who was employed by Ex-Cop Security Company, shot and killed Edson Ngwirazi at Treasure 4 Mine Marimari at Muzvezve.

He was found guilty of culpable homicide when he appeared before High Court judge Justice Amy Tsanga.

Through his lawyer, Advocate Method Gatsheni Ndlovu, Masauso had offered a limited plea to culpable homicide.

He was sentenced to two years in jail, but Justice Tsanga suspended one year on condition of good behaviour.

The other year was set aside on condition Masauso paid a $1 000 fine.

Masauso was charged along with his two workmates, Tembo Domingo and Leonard Makodza.

The pair, represented by Advocate Thabani Mpofu, was acquitted of the charge for lack of incriminating evidence.

In passing sentence, Justice Tsanga said security companies should train their employees on proper use of firearms.

The judge felt that Masauso did not get proper training on the use of firearms.

The court heard that on October 14, 2014, Masauso and his colleagues went to the mine to secure it from illegal gold panners.

Once they arrived, violence erupted, with the illegal gold miners joining forces to pelt the security details with stones in the dead of night.

The security guards fired several warning shots into the air, but the illegal gold panners were relentless.

Ngwirazi, the court heard, somehow sneaked past the security details during the melee.

He got into his Nissan Serena vehicle, which he had parked near the mine.

The court heard that Ngwirazi was ordered to stop the car, but he refused. He also refused to stop after warning shots were fired.

The security guards then shot at the car’s tyres and deflated them. Ngwirazi was ordered to come out of the vehicle, but he refused.

As stones continued raining from the top of a hill where the illegal panners had taken positions, Ngwirazi attacked two of the security guards with pepper spray.

The two guards screamed in pain and Ngwirazi then bolted from the vehicle down the hill into the dark night.

Masauso, who did not see him running, fired a shot in the darkness and it hit Ngwirazi on the back.

During the hearing, the court accepted that Masauso was less careful than he should have been, despite the fact that he was operating in a very tense atmosphere in which there was looming danger to his person and that of his colleagues.  The Herald