the criminals. The Respondent State alleges that police officers surrounded the car and identified themselves. 70. The Respondent State also alleges that the driver of the Nissan Sunny car suddenly drove off at high speed. The Respondent State submits that the police officers fired warning shots, but the car did not stop. One shot was then directed at the car and it stopped. On checking the car, the police officers realized that there was a child, Beavan Tatenda Kazingachire, who was AC HP R sleeping at the back seat and he had been fatally shot. 71. The Respondent State submits that Constable Shamu was charged with the murder of a minor. By a letter dated 11 September 2002, the Civil Division of the Attorney General‟s Office paid the sum of Z$97,000.00 in an out of court settlement for funeral expenses “on a purely without prejudice basis and without admission of responsibility on the part of the police”. 72. The Respondent State alleges that on 14 March 2001 Munyaradzi Never Chitsenga (the deceased) was driving a Toyota Cressida and was signaled to stop by police officers. Instead of stopping, the car sped off and a chase then ensured. 73. The Respondent State submits that the deceased was eventually caught when the Toyota Cressida ran into a ditch. He was then handcuffed and placed in a police car. The Respondent State also submits that somehow the deceased managed to escape and started to run away. 74. The Respondent State submits that warning shots were fired but the deceased did not stop. He was then shot and killed. The Respondent State alleges that the deceased‟s conduct in trying to flee twice from the police raised the reasonable suspicion that he was a robber. 18

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