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Moatize judicial court on Wednesday sentenced three of the six defendants in the case concerning the 2016 Caphiridzange tanker blast, which killed more than 100 people. Penalties varied between six months and three years.
The court determined that there was not enough evidence to convict the defendants for the deaths.
Sabino Sargento, who at the time of the events was acting as an unauthorised fuel dealer, was sentenced to three years in prison, the highest penalty.
Sargento was also directed to pay compensation of 350,000 meticais (about EUR 5,000) to the Malawi company that owned the diverted truck which caught fire during a collective fuel robbery on November 17, 2016, killing 115 people.
The court says that the fire that led to the tanker blast was caused by a short circuit when Sargento and the driver of the vehicle – still at large – were transferring fuel to a second vehicle.
But Judge Sales Mulima decided there was not enough evidence to convict Sargento for the deaths, and he was found guilty and sentenced for qualified theft.
“The punishment takes into account the fuel that there was in the truck,” Mulima explained.
Sargento’s lawyer said he was expecting as heavier sentence, but may still appeal. “The court’s decision was not as heavy as we expected, but some defendants were acquitted so we will sit down and see if we can appeal the decision.”
Two other defendants, policemen Custódio Marizane Missassi and Celestino Sebastião, were sentenced to six months in prison, converted into a fine of 166 meticais (about EUR 2.00) a day. They are accused of helping Sargento move his car after the short circuit in the tanker.
As with Sargento, Judge Mulima did not find the police guilty of the deaths of the 115 people the next day, when the explosion occurred.
“As for November 17, (the day of tragedy), the court, looking at the behaviour of PRM members who did not do their job, , understood that it could not condemn them for the deaths.”
The judge did however agree that the actions of the police ran against the grain of their duty.
“The defendants, as police officers, a duty to protect the property, but [instead] left the site.”
The Moatize court decided to acquit the remaining three defendants. One of them, Luís Tambo, then Caphirizange locality head, was accused of negligence for not having taken measures to avoid the tragedy.
Remaining defendants acquited
The other defendants – policemen Eugénio Lasteira and Laurindo Manejo – were being accused of criminal association to facilitate fuel theft, but were acquitted for lack of evidence.
The court ruling has not pleased victims’ family members, who were calling for “exemplary penalties” for the deaths.
There was no mention of compensation for the affected families in the ruling read yesterday. Judge Sales Mulima said there were still other cases linked to the incident, on which the court would rule in due course.
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