Court Awards Nearly US$49K to Farmer Shot During Patrol

The High Court has ordered a security guard and his employer, Javelin Trading (Pvt) Ltd, to jointly pay nearly US$49,000 in damages to a Nyabira-based police officer and farmer who was left disabled after being shot during a farm patrol.

Justice Gladys Mhuri found guard Casten Suwedi negligent when he shot Calisto Mujera in the back at Gwebi South Farm on April 26, 2020, leaving him partially paralysed. The court also held Javelin Trading vicariously liable, having armed Suwedi despite his lack of proper firearms training.

“The second defendant did not issue any warning to stop. He fired directly at the vehicle without confirming whether anyone was inside. A reasonable person would have foreseen the risk of injuring someone,” Justice Mhuri ruled.

Mujera had initially demanded US$331,590 in compensation for medical bills, lost income, destroyed farming operations, and future care costs. However, the court reduced the award to US$48,920.66, covering verified medical and transport expenses, lost farm income, as well as damages for pain, suffering, and loss of life’s amenities.

According to evidence presented, Mujera had been driving with his son when his car overheated near Javelin Farm. As he stepped out to check the engine, Suwedi—on patrol—shone a torchlight from the maize field and fired a shot, striking him in the back.

“I shouted that I was a police officer. No warning was given. I only saw a light, then heard a bang,” Mujera testified.

The bullet left shrapnel embedded in his spine, resulting in permanent lower-body damage. He spent weeks at Parirenyatwa Hospital and months at Chikurubi Police Hospital undergoing treatment and physiotherapy. Medical reports confirmed he will suffer chronic pain and permanent disability.

Mujera told the court the injuries ruined his farming business, cost him his formal employment, and left him socially humiliated after media reports falsely suggested he had been caught stealing maize. He and his son were later acquitted of theft charges at the Norton Magistrates’ Court.

Suwedi, however, insisted he had found Mujera stealing maize and fired only after giving a warning. Justice Mhuri rejected his testimony, describing him as “not a truthful witness” who gave conflicting accounts. Javelin Trading, for its part, did not present any defence.

In her ruling, Justice Mhuri stressed that damages were meant to compensate the victim, not punish the wrongdoer. She awarded Mujera US$33,920.66 in special damages (medical bills, transport, and lost farm income), US$10,000 for pain and permanent disability, and US$5,000 for loss of amenities.

The final award of US$48,920.66 is to be paid jointly by Javelin Trading and Suwedi, with payment by one absolving the other.