Chongwe poacher to hang for shooting game ranger
By CHARLES MUSONDA

Zambia Daily Mail-May 12, 2007

LUSAKA High Court Judge, Timothy Kabalata, has sentenced a 64-year-old man to death for murdering a Zambia Wildlife Authority (ZAWA) officer.

Judge Kabalata yesterday sentenced Chinyange Muyenga for killing Evaristo Kamisa who was on official duty.

“Indeed, the convict is a first offender who, under normal circumstances, would have attracted leniency from the court.

However, the convict committed a capital offence, and this offence has only one sentence.

I must therefore impose a death sentence on the convict,†Judge Kabalata ruled.

“He should be hanged by the neck until pronounced dead. The convict has a right to appeal against the sentence to the Supreme Court.â€

Facts before the court were that on July 5, 2005, the deceased, Mr Kamisa was on duty at Chomba ZAWA camp in Chongwe when he received information that there were suspected poachers in the area.

Mr Kamisa ventured out of the camp to track down the suspected poachers (Muyenga and his son, Chinyange).

After seeing Muyenga and his son running away, the deceased fired a warning gunshot in the air.

But Muyenga retaliated with counter gunshots leading to an exchange of gunfire.

In the process Mr Kamisa was shot at and died later in the day.

Judge Kabalata observed that Muyenga had malice aforethought in causing the late Mr Kamisa's death.

He said the accused knew that his action would cause death or grievous bodily harm.

The judge was satisfied beyond reasonable doubt that the prosecution had proved their case against Muyenga.

He said the deceased was executing his national duty of protecting wildlife but in the end got killed by a bullet fired from Muyenga's firearm.

Judge Kabalata said there were no extenuating circumstances in the case to persuade him to pass a sentence other than the death sentence.

“Shooting at a ZAWA officer as if he (Muyenga) was shooting at an elephant or any other animal is devoid of extenuating circumstances,†he said.

He said there was no justification whatsoever for Muyenga's action to kill the ZAWA officer.

Judge Kabalata, however, acquitted Muyenga's son as there was no evidence connecting him to the murder.

Warning shots--a bad idea.