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
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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