In this application, counsel for the 1st accused, Mr Matinenga filed a preliminary application to have the charges against the 1st accused quashed. Counsel for the 3rd accused subsequently advised that he had taken a cue from 1st accused’s counsel and intended to file a similar application. Before I deal with the applications, I will briefly set out the background to this trial so that the trail of proceedings is not lost. More
The accused a known mental patient appeared before the Court charged with the crime of murder as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. It is alleged by the State that on 2 June 2015 at Chadamoyo ‘B’ Village, Chief Garahwa, Chipinge, the accused person assaulted the deceased using two stones. The deceased sustained severe injuries from which the deceased died. More
The matter came up for trial. Initially the State prepared a charge of murder against the accused. On reflection before commencement of trial the State reduced the charge to culpable homicide. The State and defence came up with a charge of culpable homicide and a Statement of Agreed Facts. The accused pleaded guilty to culpable homicide, wherein, it is the State’s contention that on 9 November 2017 at Maronga Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of Onai Chinondida by striking him with a brick once on the head negligently failing to realise that death might result... More
The matter came up for trial with accused being charged for murder as defined in s 47 (1) (a) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. When the charge was put to the accused he proffered a limited plea of guilty to culpable homicide as defined in s 49 of the Code. The State accepted the limited plea of culpable homicide. This occasioned the matter to be stood down for the State and defence counsels to come up with the Statement of Agreed Facts. More
The record of proceedings in this matter has been placed before me on review in terms of s 59 of the Magistrates Court Act [Chapter 7:10]. The accused a 32 years old first offender pleaded guilty to two charges. In count 1, it was alleged that on 2 January, 2018, along Chivhu –Nyazura road, he drove a commuter omnibus without being the holder of a licence in contravention of s 6 (1) of the Road Traffic Act. [Chapter 13:11]. The charge should for clarity be framed as “contravening s 6 (1) as read with the proviso to s 6 (5)... More
In this case precious human life was lost in circumstances were religious extremism was at play. Under the umbrella of exorcising demons, a nine year old was strangled to death. It is alleged by the State that on 14 June 2013 and at Tongogara Refugee Camp, Chipinge, Judith Mupelefuraha Mulumba unlawfully caused the death of Kubota Mupelefuraha Mulumba or realising that there was a real risk or possibility that the conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting in injuries from which Kubota Mupelefuraha Mulumba died. The accused pleaded not guilty... More
The accused is charged with the crime of murder as defined in s 47 of the Criminal Law (Codification & Reform) Act, [Chapter 9:23]. The accused pleaded not guilty to the allegations that on 23 October, he unlawfully caused the death of Modester Chikaka by pouring paraffin over her body and setting her alight with the result that Modester Chikaka suffered severe burns all over her body which is turn led to her death of 26 October, 2011. More
