Former CID detective and Harare lawyer Joseph Nemaisa, who gunned down three armed robbers on Monday night for holding his family hostage in Chadcombe, has a defence to his shootings, law experts have said.
In an interview with H-Metro, law experts said Nemaisa did not commit action that constitutes a criminal offence but has defence to that regard.
“In the current settings, the police will investigate the circumstances surrounding the killing of the three persons.
“Nemaisa will then obviously raise the defence that he was trying to protect his family which had been held hostage by the armed robbers.
“In criminal law, there is available defence of another person or third party.
“In order for the defence to be successful, it would need to be established that he was acting in self-defence of his family and he had reasonable belief that severe force was necessary to ward off the danger and protect his family.
“This I opine that it was present and there might not be need to arrest him, so that he proves his defence in court,” said a law expert who preferred anonymity.
Another lawyer, who also spoke on condition of anonymity said Nemaisa did his best to defend the family.
“Nemaisa did a great job. Anyone in his situation would have done the same.
“The armed robbers could have killed his family in the process of the robbery. Though at law he may be charged with murder he has a solid defence.
“When the matter goes for trial he will most likely be found not guilty and acquitted as he shot the robbers in defence of his family and property,” said the law expert.
Reports are that the five robbers invaded Nemaisa’s Chadcombe house where they held his hostage the family.
Nemaisa was not at home at the time the armed men broke into the house.
However, his son Courage, 18, noticed the robbers after they broke in and managed to make a short phone call to his father before the robbers force-marched him to fish out his hiding mother.
The ex-detective arrived at the scene moments later where he exchanged gun shots killing three of the robbers while the other two escaped. H Metro