This was a very protracted trial which commenced on 22 July, 2019 and the defence witness only testified on 16 July 2020, 2020 after which judgment was postponed to today 18th September, 2020. During course of the trial,a trial within a trial was held for the determination of the admission of a warned and cautioned statement and the accompanying video, now exhibits 5(a) and (b) which culminated in a judgment HMA 56/19 delivered on 15 November 2019. We now incorporate this judgment in this final judgment to avoid repetition of some of the issues. More
Both accused were initially charged with the crime of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The state and the defence found each other and the matter proceeded by way of agreed facts. Consequently, both were convicted of culpable homicide as defined in s 49 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
The then 30 year old accused is facing the charge of killing his then 38 year old sibling as defined in s 47 (1) of the Criminal Law (codification and Reform) Act
[Cap 9:23] by assaulting him all over the body at Gwati village, Chief Zimuto, Masvingo on 2 February 2019. More
