IN THE HIGH COURT OF ZIMBABWE
MABHIKWA J with Assessors Mr J. Sobantu & Mr O. Dewa
BULAWAYO 12, 13 & 22 JUNE 2018
Ms N. Ndlovu for the state
B. Masamvu for the accused
MABHIKWA J: The now 42 year old Bino Ndou of Village 4, Ndame area of Beitbridge under Chief Staudze in Matabeleland South Province is facing a charge of murder as defined in section 47 of the Criminal Law (Codification and Reform) Act, Chapter 9:23. It is alleged that on 23 April 2017 and at Nottingham Estates, along Mtshilashokwe River, the accused shot Edward Ndou on the right thigh intending to kill him or realising that there is a real risk or possibility of his conduct causing the death if he continued to engage in that conduct despite the risk or possibility.
The state case was that the accused, who was 41 at the time of the incident was employed as a guard at Chivhombwe Project, Nottingham Estate, at Beitbridge. The deceased was 28 at the time and employed as a game scout at the same institution. His duties were to conserve wild animals including those within Chivhombwe Project. It was alleged that on 23 April 2017, at around 10:00 hours the deceased and 3 colleagues were on an anti-poaching patrol when they observed the accused arriving with a Remington Express Magnum shot gut checking snares. They reacted and advanced towards the accused who initially cocked the gun and pointed it at