HARARE – A security guard at Shamva Gold Mine has walked free after a High Court judge ruled he acted lawfully when he shot and killed a member of a troublesome gold mining gang that had invaded the mine 2021 while wielding machetes.
Tinashe Mugarisanwa was manning one of the mine’s shafts together with his colleagues when they were confronted by the gang.
He reacted by firing at the invaders, killing one Remember Musariri.
In a recent ruling, High Court judge Esther Muremba found Mugarisanwa not guilty of the incident.
“The accused killed the deceased, a person who was part of the illegal gold panners who were about to attack him and his group,” the judge said, adding the deceased was not an innocent third party.
“There is no doubt that if the deceased and his colleagues had a chance to attack the accused and his colleagues with machetes that they were wielding, they could have caused them very serious injuries and even death.
“…In that result, the accused is found not guilty and is acquitted,” ruled the judge.
During trial, it was revealed that on November 8, 2021, some illegal gold panners invaded Shamva Gold Mine.
Security guards who were on duty tried to stop them but they fired explosives at the guards, injuring two of members of the mine security.
Three days later, the gold panners exited the mine by detonating some explosives once more in a bid to scare the guards.
Court heard the habit continued.
The mine’s management then directed company security to split into two groups and try to corner the panners.
There was another confrontation during which the gold panners told the security that they were not afraid of them.
Court heard the guards fired warning shots but the panners were not deterred.
Instead, they dared the guards with their machetes resulting in Mugarisanwa shooting Musariri, who died on the spot.