A former police officer serving 30 years in prison for his role in a 2013 murder during an armed robbery in Eastleigh has had his appeal against conviction and sentence in Harare rejected.
Herbert Learnmore Chiquiwa and co-defendant Given Moshur were serving three years each for burglary and robbery, unlawful entry with aggravating circumstances, and 30 years each for murder, both sentences running concurrently, so the effective total sentence was 30 years.
They were tried along with Johan Kamudiariwa and Lawrence Makewa Makosa on both charges but the other two were acquitted.
Aggrieved by the Supreme Court’s decision, Chikewa appealed against the conviction and sentence, arguing that the lower court erred in finding the prosecution’s evidence true, accurate and reliable, to secure the conviction.
Three judges on the appeals bench, Justice Chinpiri Bhono, Justice Nicholas Matonsi, and Justice Alphas Chitakone, unanimously upheld Chikiwa’s conviction and sentence in August 2017 for murder. But the court acquitted him of the charge of unlawful entry with aggravating circumstances, although that did not affect the time he served in prison due to the concurrent sentence.
“With regard to the second count (murder), the appeal against the conviction and sentence is without merit. The sitting court (the court of first instance) admirably assessed the evidence and correctly applied the law on the use of circumstantial evidence in convicting the appellant.
“The 30-year prison sentence falls within the court’s sentencing discretion. There is no basis to interfere with it,” Justice Matonsi, who wrote the ruling, told the Court of Appeal.
The judge found that Chikewa’s appeal was resolved by himself only on the basis of the factual and credible findings made by the High Court judge, Justice Habias Chu, which could only be interfered with on appeal when the proper basis and basis for doing so had been established.
He agreed with the findings of the trial court that the firearm that killed Innocent Julius was the llama pistol found in Chikewa’s possession at the time of his arrest.
“(The Supreme Court) reached this conclusion by relying on the expert scientific evidence of a witness who subjected the spent cartridges and the firearm to tests before arriving at the conclusion that the bullets that killed the deceased were fired from that firearm,” Justice Matonsi ruled. .
The Court of Appeal can only interfere with the trial court’s factual findings when it appears that an error occurred, the court did not take into account the relevant factors, or made a factual error.
During the original trial, the High Court heard how, on the night of 21 September 2013, a group of four armed robbers forced their way into the house at No. 40 Northampton Road, Eastleigh, Harare, the office building of Imperial Security.
Upon arriving, they cut the lock on the main gate and were able to enter the courtyard. Once in the courtyard, they headed to the main house used as offices where they cut down the screen door before forcing open the main door and ransacking the office for valuables.
They stole a llama pistol with serial number 7260214 along with a magazine loaded with 7x9mm rounds, a small red box with 4x9mm rounds, an assortment of clothing, and a bag containing some Imperial Security Company documents. Announce
