A 40 year old man, Fashion Chakanetsa (herein after referred to as “the deceased”) met his tragic demise at the hands of five assailants. The men are alleged to have assaulted him and made off with his motor vehicle, a Toyota Wish. He subsequently died from the injuries sustained during the assaults. Two of the men, Prosper Prince Esau (herein after referred to as “the first accused”) and Tichaona Chirume (hereinafter referred to as the “second accused”) were later arrested and arraigned before this court to answer a charge of murder in contravention of s 47(1)(a) of the Criminal law... More
This is an automatic review of the proceedings before a magistrate. The learned magistrate in response to a query why the record of proceedings did not reflect that the court had explained to the accused her right to cross examine State witnesses and the consequences of failing to cross examine the witnesses on aspects of the witness evidence which the accused did not agree with or putting to the witness accused’s version of the events that the State relied upon for the contention that accused had committed an offence responded as follows: “the right of the accused to cross-examination were... More
The accused is charged with various counts involving terrorism, sabotage and illegal possession of firearms in contravention of the Public Order and Security Act [Cap11:17] and the Firearms Act [Cap10:09]. More
The accused is charged with various counts involving terrorism, sabotage and illegal possession of firearms in contravention of the Public Order and Security Act [Cap11:17] and the Firearms Act [Cap10:09]. More
This record was referred to this court by the Regional Magistrate who raised queries on scrutiny of the proceedings presided over by a junior magistrate. The Regional Magistrate’s minute reads as follows:
“STATE v SAMUEL AGERE CRB 120/17
May the record of proceedings be placed before a Judge of the High Court with the following comments from the scrutinizing Regional Magistrate: More
