A JAILED Chipinge white farmer, who shot and injured his
employee after mistaking him for a stray dog, heaved a sigh of relief after the
Masvingo High Court on Monday quashed his conviction and sentence.
Joubert Francois Johannes (36) of Lushof Farm was jailed
for 18 months by Chipinge magistrate, Joshua Nembaware for negligently causing
serious bodily harm to his employee, Frank Makuyana.
The farmer was sentenced to 24 months, of which six months
were suspended on condition of good behaviour.
However, Johannes through his lawyer, Langton Mhungu
appealed against the conviction and sentence at Masvingo High Court, arguing
that the magistrate misdirected himself in convicting and incarcerating him.
Justices Garainesu Mawadze and Neville Wamambo sitting as
an appeals court quashed both the conviction and sentence.
“It is hereby ordered by consent that the appeal be and is
hereby upheld, the conviction of the appellant be and is hereby quashed and the
sentence set aside. Appellant found not guilty and acquitted,” ordered the two
judges.
After convicting him in May, Nembaware applied to the
Prosecutor-General (PG)’s office for increased sentencing jurisdiction.
Johannes, however, applied to the Masvingo High Court
seeking an order barring the magistrate from getting increased sentencing jurisdiction
from the PG and the matter is still pending.
The PG advised the magistrate to proceed with the
sentencing without increased jurisdiction.
Prosecutor Gift Bikita, who had asked for a deterrent
sentence, told the court that on October 5 last year, Johannes and his
employee, Makuyana were under a dairy shed at around 6am.
Johannes then saw stray dogs which had entered his kraal
and went to his farmhouse to collect his shotgun.
At the same time, Makuyana also left the shed for the
guardroom, where he wanted to prepare a meal.
When the farmer returned, he fired at the stray dogs,
killing one instantly and another bullet reportedly strayed and hit Makuyana in
the stomach, inflicting serious injuries.
He was rushed to hospital, where he was admitted and the
bullet was removed. Newsday
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