High Court judge Justice Esther Muremba has slapped a 24-year-old Shamva man with a 30-year jail term following his conviction for killing an artisanal miner in cold blood back in 2019.
Claude Makoto was convicted after a full trial with the court hearing that he was only 18 when he killed Christopher Samu, a 37-year-old man, on 3 August 2019 at Nherera Mine in Shamva.
It was proved that Makoto was part of a gang that included Onias Sindura, Robert Sindura, Tinashe Zvinairo, Bhaureni Chingwaru, Lloyd Kafena, Charles Mhako, Kudakwashe Gutsa, Kudakwashe Karima, and one Jabulani.
On the fateful day the gang travelled to Nherera Mine in a Toyota Noah, intending to rob gold ore.
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Upon arrival, they encountered the deceased and his brother, Shame Samu, who were working at the mine.
The gang manhandled the deceased, while Shame managed to escape.
"They then assaulted Christopher Samu indiscriminately using various weapons, before dragging him and disposing of his body in a shallow pit near the Mazowe River bank," the court heard.
His body was discovered the following day, 4 August 2019.
Of the six witnesses presented by the State, only Shame, the brother of the deceased, testified in person during the trial.
The court found Makoto guilty of murder and his lawyers had proposed a sentence not exceeding 20 years, citing the accused's age at the time of the offence.
It was argued that he succumbed to peer pressure due to his youthfulness.
The lawyers also submitted that the accused, who is a gold panner, got married in 2021 while out on bail and now has a child.
But the judge said a stiffer penalty was appropriate, taking into consideration that the lawlessness in mining communities is a serious concern.
"People engaged in gold panning often show no respect for human life, resorting to violence without hesitation.
"While the accused was young, he willfully participated in an organised gang, engaging in murder during a robbery--a crime that demands severe punishment, regardless of age, to deter others from exploiting youthfulness as an excuse for criminal behaviour.
"Given the devastating impact of this murder on the deceased's family, a sentence beyond 20 years' imprisonment is warranted," the judge said.
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The court heard Samu's firstborn was unable to sit for O-Level examinations due to financial hardship.
His widow and three children are struggling, forced to survive on menial jobs, while his elderly mother, once dependent on him, has developed a heart condition following his death.
"Neither the accused nor his gang members have offered any compensation or contributed towards funeral expenses, further exacerbating the family's struggle.
"A sentence of 30 years' imprisonment as proposed by the State is just and necessary, reflecting the gravity of the offence and its lasting consequences.
Muremba also said the sentence has been influenced by the fact that the accused is a first offender and was 18 years old at the time of the offence.
"Had he been older, we would have readily imposed a life sentence, especially now that the death penalty has been abolished.
"Before its abolishment, capital punishment was the appropriate and fitting penalty for murder committed in the course of a robbery.
"Accordingly, the accused is sentenced to 30 years' imprisonment," she ruled.
