The Chinhoyi High Court has delivered a verdict in the case of Zachariah Baton, the Banket man accused of murder after a suspected thief he was chasing drowned in the Munene River. While Baton was acquitted of the murder charge, the court’s decision has left many questioning the boundaries of responsibility and the weight of unintended consequences.
The case, which unfolded on a fateful January day, began with the apprehension of Tawanda Musona, a suspected thief, by Baton and another individual. The pair, intent on taking Musona to the farm office, assaulted him with open hands and switches. However, Musona, fearing the consequences of his actions, bolted, with Baton and his companion in hot pursuit.
As the two men closed in, Musona made a desperate decision, leaping into the Munene River in a desperate bid to escape. Baton, waiting by the river for a brief period, left when Musona failed to resurface. Musona’s body was discovered days later, his death a tragic consequence of his desperate flight.
Baton was subsequently arrested and charged with murder, with the police alleging that he assaulted Musona “with intention to cause his death or with a realisation that death may result but persisted in the conduct”. Baton, however, maintained his innocence, claiming he had only slapped Musona.
The State, relying on a post-mortem report that found the cause of death indeterminable due to decomposition, argued that Baton had created a situation that cornered Musona, leaving him with no option but to jump into the river.
The defence, however, argued that Musona’s decision to jump into the river was an intervening act that absolved Baton of responsibility, claiming that Musona had taken a conscious risk. They highlighted the presence of a police roadblock just 200 metres away, suggesting that Musona could have sought protection instead of fleeing into the river.
Justice Philda Muzofa, presiding over the case, ultimately acquitted Baton of the murder charge, finding that the State had failed to establish a causal link between Baton’s actions and Musona’s death. The judge acknowledged that Musona, in his desperate attempt to escape, had made a choice that ultimately led to his demise.
“There was ample room for the [deceased] to flee in any other direction save for the river. Even though the accused pursued him to about seven metres of the river, it was not reasonable to jump into the river,” Justice Muzofa stated. “He had options to flee in any other direction except the river. There was evidence that the river was full of water and it was known that it had crocodiles. For an act to constitute an intervening act, there must be a new set of factors that break the link between the accused’s conduct and the result.”
While the judge acknowledged that a life had been lost due to Baton’s actions, she ultimately found him guilty of assault and sentenced him to an 18-month suspended sentence, with six months suspended on condition of good behaviour and another 12 months suspended on condition of community service at Banket Police Station.
The verdict, while delivering a sense of justice, has left many with lingering questions. The case raises fundamental questions about the limits of responsibility and the consequences of unintended actions. While Baton was not found guilty of murder, the court acknowledged the tragic loss of life and the role his actions played in the events that unfolded.
