In a high-profile case, the High Court acquitted a man from Banket of murder after a suspected thief he was chasing drowned in the Munene River. Zachariah Baton, who appeared before Chinhoyi High Court Judge Philda Muzofa, was instead convicted of a lesser charge of assault. He was given an 18-month suspended sentence, with six months suspended on the condition of good behavior and the remaining 12 months on the condition that he performs 430 hours of community service at Banket Police Station.
The case revolved around the question of whether Baton was responsible for the death of Tawanda Musona, who fled and jumped into the river. On January 20, Baton and another individual apprehended Musona, who was suspected of being a thief. They physically assaulted him with open hands and switches before attempting to take him to the farm office. However, Musona managed to escape and led them on a chase. As they closed in on him, Musona jumped into the Munene River. Baton waited by the river for about 10 minutes, but when Musona did not surface, they left. Musona’s body was later discovered by the river bed.
Baton was arrested and charged with murder. Police alleged he assaulted Musona with intent to cause death or with the realization that death might occur. Baton denied the murder charge, claiming he only slapped Musona. The State presented a post-mortem report, but the cause of death was indeterminable due to decomposition. Witnesses, including a police officer, supported Baton’s account, stating the deceased had no visible injuries when found.
Judge Muzofa concluded that the deceased fled to escape his pursuers, eventually jumping into the river. The judge noted that for a murder charge, the state needed to prove both an unlawful action and an intention to kill. The state argued that although Baton did not inflict fatal wounds, his actions led to a situation where Musona felt cornered and jumped into the river. The defense contended that Musona’s decision to jump into the river was a conscious risk and an intervening act that should absolve Baton.
The defense described the scene, noting that Musona could have run in other directions. About 200 meters to his right was a police roadblock, and there was nothing to the left. Instead, Musona ran into Madzingura Farm, which had ample room to flee except towards the river. The judge noted that Musona could have approached the police for protection but chose the river. She emphasized that Musona had multiple escape routes but chose the most dangerous one.
“There was ample room for the deceased to flee in any other direction save for the river. Even though the accused pursued him to about seven meters of the river, it was not reasonable to jump into the river,” the judge said. She pointed out that the river was known to be full of water and had crocodiles. For an act to constitute an intervening act, it must introduce new factors that break the link between the accused’s conduct and the result.
As a result, the judge found Baton not guilty of murder but guilty of assault. “A life was lost as a result of high-handedness,” she said, adding that Baton and his companion should have taken Musona to the police officers at the roadblock. Recognizing that Baton had already been in custody for five months, the judge concluded that a custodial sentence with part suspended on usual conditions and the remaining suspended on condition of community service was appropriate.
This case highlights the complexities of determining liability in instances where indirect actions lead to fatal outcomes. The ruling underscores the importance of establishing a clear causal link between an accused’s actions and the resulting death.
Source: Newsday
