Former CID detective and Harare lawyer Joseph Nemaisa, who gunned down three armed robbers on Monday night for holding his family hostage in Chadcombe, has a defence to his shootings, law experts have said.
In an interview with H-Metro, law experts said Nemaisa did
not commit action that constitutes a criminal offence but has defence to that
regard.
“In the current settings, the police will investigate the
circumstances surrounding the killing of the three persons.
“Nemaisa will then obviously raise the defence that he was
trying to protect his family which had been held hostage by the armed robbers.
“In criminal law, there is available defence of another
person or third party.
“In order for the defence to be successful, it would need
to be established that he was acting in self-defence of his family and he had
reasonable belief that severe force was necessary to ward off the danger and
protect his family.
“This I opine that it was present and there might not be
need to arrest him, so that he proves his defence in court,” said a law expert
who preferred anonymity.
Another lawyer, who also spoke on condition of anonymity
said Nemaisa did his best to defend the family.
“Nemaisa did a great job. Anyone in his situation would
have done the same.
“The armed robbers could have killed his family in the
process of the robbery. Though at law he
may be charged with murder he has a solid defence.
“When the matter goes for trial he will most likely be
found not guilty and acquitted as he shot the robbers in defence of his family
and property,” said the law expert.
Reports are that the five robbers invaded Nemaisa’s
Chadcombe house where they held his hostage the family.
Nemaisa was not at home at the time the armed men broke
into the house.
However, his son Courage, 18, noticed the robbers after
they broke in and managed to make a short phone call to his father before the
robbers force-marched him to fish out his hiding mother.
The ex-detective arrived at the scene moments later where
he exchanged gun shots killing three of the robbers while the other two
escaped. H Metro
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