Former CID Officer Loses Supreme Court Appeal Against Murder Sentence
Herbert Learnmore Chikiwa, a former Criminal Investigation Department (CID) officer, has recently faced a setback in his legal battle as the Supreme Court upheld his 30-year sentence for murder. The ruling was part of an appeal case in which Chikiwa was contesting charges of unlawful entry and murder, stemming from a tragic incident dating back to September 2013.
The Supreme Court bench, consisting of Justice Chinembiri Bhunu, Nicholas Mathonsi, and Alphas Chitakunye, rendered the decision against Chikiwa, although he was acquitted of the charge of unlawful entry.
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The case originally unfolded when, on September 21, 2013, a group of four armed burglars forcibly entered the office premises of Imperial Security Company located at number 40 Northampton Road, Eastlea, Harare. During this break-in, the burglars stole a pistol and various other items.
The following day, the burglars targeted another property, house number 5 Wembley Crescent, Eastlea, Harare, which served as the office premises for K and K Properties. During this second break-in, the burglars’ activities were detected by a security guard named Collen Julius, who promptly informed his colleagues, including his son, Innocent Julius.
In response, the security guard and his colleagues armed themselves with improvised weapons such as empty bottles and stones to confront the burglars. A confrontation ensued, leading to the burglars fleeing the scene. However, they fired shots while escaping, one of which tragically struck and killed Innocent Julius.
The investigation into the murder led to the recovery of three spent 9mm cartridges among other evidence at the crime scene.
Chikiwa’s legal troubles began when he was implicated and subsequently convicted by the High Court, along with his co-accused Given Mushore, in connection with the events surrounding Innocent Julius’s death. Despite his appeal efforts, the Supreme Court’s decision has upheld his 30-year prison sentence for the murder conviction.
Three months after Innocent’s murder, on December 19, Herbert Learnmore Chikiwa was found at Waterwright Irrigation in Pomona, Borrowdale, Harare, carrying a 9mm Llama pistol. His suspicious behavior raised concerns among employees of the company, leading them to believe he was attempting to rob them.
When confronted by the employees, Chikiwa attempted to flee but was apprehended and disarmed of his pistol.
Subsequently, Chikiwa, along with Johane Kamudyariwa, Lawrence Makiwa Makosa, and Given Mushore, was brought before the High Court to face charges of armed robbery and murder.
Although the accused individuals pleaded not guilty, the presence of the Llama pistol in Chikiwa’s possession was considered substantial evidence against him in the murder case.
Chikiwa then lodged an appeal against both his conviction and sentence at the Supreme Court. However, his appeal was ultimately dismissed by the court.
“It (the Bench) made that finding relying on the expert scientific evidence of the witness who subjected the spent cartridges and the firearm to tests before arriving at the conclusion that the bullets which killed the deceased were fired from that firearm,” the judges ruled.
“In terms of the sentencing provision in Section 47 (4) of the Criminal Law Code, a person convicted of murder shall be liable to death, imprisonment for life or any definite period.
“The sentence of 30 years imprisonment imposed by the court a quo fell squarely within its sentencing discretion. There is no merit in the appeal against the sentence either.”
