By Daniel Nemukuyu
Three policemen were yesterday condemned to death after the High Court convicted them of murdering a security guard during a botched armed robbery at Gletwin Farm in Harare four years ago.
Kudzai Madziro, Leeroy Muteyera and Ronald Sambo, who were attached to the Police Support Unit in Harare, face the hangman’s noose together with a civilian, Emmanuel Dolosi, after killing Mr Edson Manembe in 2010.
The quartet is entitled to automatic appeal at the Supreme Court in terms of the law.
The penalty becomes the first capital punishment imposed by the courts after the promulgation of the new Constitution last year.
Justice Hlekani Mwayera imposed the death penalty on the quartet after finding them guilty of murder with actual intent.
She also found no extenuating circumstances in the case resulting in the imposition of a death penalty.
“The murder was committed during an armed robbery including policemen who are expected to protect the nation. It, therefore, becomes an offence calling for capital punishment.
“Nothing has been said in mitigation that can reduce the accused persons’ moral blameworthiness. All that has been raised is mitigatory but does not amount to extenuating circumstances. They do not change the aggravating factors,” ruled Justice Mwayera.
Justice Mwayera said cases of policemen abusing their skills and service tools in committing offences were on the increase and that only the death penalty would meet the justice of the case.
“We now have a situation where police officers turn into robbers and use service tools to commit offences instead of protecting the citizens. The four are to be returned to custody and sentence of death will be executed upon them,” she ruled.
Addressing the court in a bid to establish extenuating circumstances, Muteyera nearly broke down as he begged the court to spare his life.
“May the court impose a custodial sentence on me. I do not mind serving life imprisonment. I am asking for forgiveness and I committed the offence out of ignorance.
“I did not think that the case would get this far and I beg this court to have mercy on me. Capital punishment will render my child an orphan and my wife is not employed,” he said.
Muteyera finished addressing the court in tears.
Law officer Mr Douglas Chesa from the National Prosecuting Authority said the four were beyond redemption and that the court must impose capital punishment.
“Murder committed in the course of an armed robbery attracts capital punishment. Sentence must match the offence committed.
“The murder was committed in aggravating circumstances and the court is urged to call a spade a spade by imposing a sentence befitting the manner in which the offence was committed,” said Mr Chesa.
The four, together with Clever Ndlovu (now deceased) and Ocean Munjeri (still at large), hatched a plan to steal building material at Gletwin Farm in August 2010.
They agreed that the four police officers, Madziro, Muteyera, Sambo and the late Ndlovu — would bring their service pistols while Dolosi and Munjeri provided getaway vehicles to execute the robbery plan.
The group stormed Gletwin Farm and accosted two security guards who were manning the premises.
They produced pistols and forced the duo to lie on the ground. They tied the pair’s hands and legs with shoelaces and ropes. Dolosi was assigned to guard the two as others headed for the storeroom.
Along the way they met another farm worker, Mr Peter Munzverengu, whom they ordered to lie down. Mr Munzverengu screamed for help and Mr Manembe rushed to investigate, but the officers pumped three bullets into him.
The group fled the scene without stealing anything. Mr Manembe was taken to hospital where he died on admission. The Herald