Published: 6 hours ago

A Zimbabwe Republic Police officer has been jailed for 10 years by the High Court in Chinhoyi after being convicted of murder with constructive intention.

Justice Phildah Muzofa handed down the sentence to Constable Talent Mabvuwo, a 15-year police veteran, for the fatal shooting of Douglas Sivaminyile in Berejena Village, Makonde, on May 9, 2024.

The court heard that Sivaminyile, who was wanted for a string of violent assault cases, was killed when Mabvuwo fired three shots through a closed bedroom door during an attempted arrest. Evidence showed that Sivaminyile was unarmed at the time and posed no immediate threat to the officer or his colleagues.

Mabvuwo had claimed that Sivaminyile attacked them with an axe, but post-mortem results disproved his version of events.

In her ruling, Justice Muzofa said Mabvuwo must have foreseen the possibility that his actions could result in death but "chose to proceed regardless." She further criticised his failure to consider safer alternatives, such as calling for reinforcements, in line with police protocol.

"The right to life must be protected, and police officers are expected to use minimum force in carrying out their duties," she said, adding that the sentence balanced justice, deterrence and mercy.

In mitigation, the court took into account Mabvuwo's previously clean service record, his family responsibilities, and his assistance to Sivaminyile's family during the funeral. However, Justice Muzofa noted that the killing had a lasting impact, particularly on Sivaminyile's disabled child, who depended on him for care.

The ruling reinforces judicial expectations that law enforcement officers must uphold human rights and exercise restraint when effecting arrests.
- The Herald

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