High Court releases full judgement on Chinese national jailed 30 years for murder 

By Mary Taruvinga 

HIGH Court judge Justice Esther Muremba has finally released her detailed judgement in the case of a Chinese national jailed 30 years for killing a miner in Zhombe and also for attempted murder and assault.

Cai Yulong was slapped with a 20-year jail term in September last year, but the judge issued an extempore ruling.

Yulong, the owner of Stone Steel Mine also known as Blue Mine in Zhombe, fatally shot Goni Goni after accusing him and his colleagues of encroaching into his mine on May 24 last year.

He also attempted to kill John Muchawaya Bera by shooting him once on the right knee and once on the left thigh, before he unlawfully struck Lovemore Mapfanya with a clenched fist.

He was convicted on all counts.

Yulong, who was in the country on a Temporary Work Permit, had pleaded not guilty to all the charges.

In his defence, the accused did not dispute shooting the deceased in the murder charge and the complainant in the attempted murder charge.

He claimed that his actions were in self-defence and in defence of his property.

Regarding the assault charge, the accused stated that it was fabricated.

However, the court ruled that his defence was weak.

The court heard that on the fateful day, the deceased, the complainant and their colleagues who were employed by Blackhand 10 Mine were working underground erecting the barricade.

It was heard the accused entered his mine using his shaft and proceeded to the intersection between the two mines. A confrontation ensued between the accused and the Blackhand 10 Mine workers, during which the accused shot at them.

In her ruling, Muremba said there was no justification for what Yulong did.

“In this case, the offence of murder is further aggravated by the fact that the accused shot the deceased and his colleagues as they were fleeing for their lives.

“Even if it were accepted that the deceased and his colleagues were illegally panning for gold in the accused’s mine, the accused had no right to shoot them while they were running away.

“The sanctity of human life must be upheld, and the accused’s actions demonstrate a cold-blooded killing.

“The accused intentionally killed the deceased, and the deceased’s father provided a victim impact statement indicating the profound trauma caused by his son’s death.

“The father, who had expected his 23-year-old son to marry and provide him with grandchildren, was devastated by the unnatural and violent nature of his death,” she said.

The judge also said the deceased was also the breadwinner for his family, and his loss has left them facing significant financial and emotional challenges.

The father had expressed a desire for the death penalty to be imposed, while the State has prayed for a sentence of 40 years’ imprisonment.

In relation to the charge of attempted murder, the accused used a firearm to shoot the complainant twice in both legs, causing serious injuries.

“When he was shooting the complainant, he was actually holding his legs to make sure that he would not escape.

“Whilst the doctor’s report states that there will not be permanent injury, we noted that the complainant was still walking with the aid of crutches when he came to court to testify,” the judge said.

During trial his right leg was still in plaster.

“The complainant was shot while running away, and the victim impact statement reveals the profound pain and trauma he has endured.

“He lost a workmate during the shooting and remains deeply affected by the incident. He is still nursing his injuries and is unable to provide for his family as the breadwinner.

“The complainant has no hope of returning to the mining industry due to his inability to perform heavy duties,” the judge noted.

The judge said the statutory penalty for attempted murder committed in aggravating circumstances is 20 years’ imprisonment up to death.

She said the presumptive penalty for attempted murder committed under such circumstances is five years’ imprisonment, but given the severity of the offence, a higher penalty is warranted.

“The accused exhibited a high degree of cruelty by holding the complainant with one hand while shooting him in the back of his legs, completely disabling him from walking.

“The court agrees with the State’s submission for a sentence of 10 years’ imprisonment.

“However, to avoid an excessive overall sentence, five years of this sentence will be suspended for five years on the condition that the accused does not commit an offence involving violence on the person of another during this period,” she said.

She said the effective sentence for attempted murder will be five years’ imprisonment, which we will order to run concurrently with the sentence for murder.

For the first count Yulong was jailed 30 years.

For count two, he was jailed 10 years’ imprisonment of which five years’ imprisonment was suspended for 5 years on condition the accused does not within that period commit an offence involving violence on the person of another and for which upon conviction he is sentenced to imprisonment without the option of a fine.

He effectively  sentenced to five years’ for the count.

This effective sentence of five years’ imprisonment will run concurrently with the sentence for murder.

For assault, Yulomg was fined US$100 in default of payment he will serve one month imprisonment.