Man to hang for murder
By Staff Reporter
THE Lusaka High Court has sentenced Benny Tauni to death by hanging after finding him guilty of shooting dead Hassani Moonga who was heading to a funeral with seven of his colleagues.
Judge Mwila Chitabo convicted Tauni after dismissing his defence that the shooting was accidental.
Tauni on August 6, 2018 shot dead Moonga a shop owner of Simonson area, who was in the company of his seven friends.
The shooting happened around 20:30 hours on the fateful day.
Tauni fired at Moonga and his seven colleagues as they were going to the house of mourning for a headman in the area, accusing them of banging on his motor vehicle with a view to attack him with his passenger.
The judge declined to accept Tauni’s defence that the firearm discharged accidentally, saying it was an
afterthought because the accused had gone to great length to show that the shooting was in self defence because he
feared for his life and that of the passenger he had in his motor
vehicle.
Judge Chitabo said the mode of retaliation by Tauni
was not proportionate as he was in a better position than the eight
boys because he was in the vehicle and he would have proceeded driving.
He said there was no evidence that the alleged bottles that were
seen with the boys were used on either Tauni or his passenger as it
was clear that from the fact that the accused himself did not complain of
any injury sustained and that his passenger only went back to complain the following day.
Judge Chitabo said it was clear reflection that the attack was not serious as was let on the defence.
“I find the prosecution has proved the case of murder against the accused
person beyond all reasonable doubt and I find him guilty as charged
and convict him”, he said.
According to facts of the case, on August 6, 2018, Moonga with his seven
friends decided to go to the funeral around 19:00 hours and as they
were walking, they saw a vehicle coming from behind.
The court heard that the vehicle tried to hit one of them and he shouted that: ‘Uncle you are going to hit us’.
Judge Chitabo heard that when the vehicle reached where the boys were, the driver stopped,
came out and started insulting them and slapped Dominic Musonda and the deceased and they all started arguing.
The court heard at that point, Tauni got a gun from his vehicle and said he was going
to break the legs of the eight legs but Musonda knelt down several times
pleading and that was how Tauni allowed them to go.
The court heard that the group walked few steps before they heard a gunshot and Moonga fell to the ground facing upwards.
Tauni opened the boot of the vehicle so that they could not recognise the number plate and sped off.
Moonga was rushed to the hospital where he was pronounced dead.
Tauni handed himself to the police and denied shooting Moonga, explaining that his gun went off while he was struggling with the boys who allegedly attacked him and his passenger.
But judge Chitabo convicted and sentenced Tauni to death by hanging by the neck until he was
pronounced dead because he killed Moonga and has malice afterthought.
