A Chipinge white farmer, Joubert Francois Johannes (36) of Lushof Farm, was on Monday jailed an effective 18 months by Chipinge magistrate, Joshua Nembaware.
Johannes was convicted of negligently causing serious bodily harm after he shot and injured his employee whom he claimed to have mistaken for a dog.
Nembaware sentenced Johannes to 24 months in prison of which six months were conditionally suspended on good behaviour.
Soon after the sentence was passed, Langton Mhungu, Johannes’ lawyer advised the court that he will appeal against the sentence at the High Court.
Johannes claimed that he was not negligent when he discharged his firearm and injured his employee, Frank Makuyana. He said:
I was not negligent at all. It’s the complainant who is to blame. Had the complainant not moved away from his usual workplace, he wouldn’t have been shot.
However, Magistrate Nembaware said that the accused did not act like a reasonable person in the circumstances, even blaming the victim over the incident. He said:
In convicting the accused, the court noted that the accused didn’t act like a reasonable person in the circumstances.
He didn’t exercise proper care and wasn’t even remorseful, he blamed the complainant for his negligence.
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