This matter once again rekindles the age -old debate on the extent to which a court may disregard or otherwise depart from the findings of an expert in a criminal trial. The record of proceedings was referred to this court of review accompanied by a note by the regional magistrate who presided over the trial. The first two paragraphs of the minute read:
“I am the trial magistrate in this case. I forward this record for review as a result of an administrative instruction on 19 September 2024 for me to do so. The basis of the review as per... More
We decided to proceed with this judgment without the benefit of counsel for accused’s written closing submissions. This so because counsel had promised to file written submissions by 20 December 2017. This matter has been outstanding for a long time. The accused is alleged to have caused the death of his father Sikhala Zhou who is his namesake by striking him with an axe several times on the head and neck on 6 November 2016 in contravention of s 47 (1) of the Criminal Law Codification and Reform, Act) [Chapter 9:23]. More
Both accused persons are facing a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. The charge is that on 19 May 2017 at about 7 km peg along the Roy – Gutu road in Masvingo each or both of the accused in the company of one Nyasha Sango who is at large caused the death of Phio Jeketera by stabbing him with an okapi knife in the course of a robbery. More
The gods should have literally smiled at the accused in this matter when he appeared before the trial Magistrate at Chivi. Indeed the accused was treated with kid gloves to say the least as a manifestly lenient sentence was imposed. The accused seemed to have continued to ride his luck as the learned scrutinising Regional Magistrate despite initial well founded reservations nonetheless was apparently persuaded to confirm the proceedings as in accordance with real and substantial justice!! More
The tragic events in this matter unfolded on the new year’s day being 1 January 2017, a day normally associated with merry making, at Bhuka business centre a few kilometres outside Masvingo town along the Masvingo to Beit Bridge highway. More
