The accused pleaded not guilty to a charge of murder as defined in Section 47 (1) of the Criminal Law (Codification) and Reform Act [Chapter 9:23]. The brief allegations forming the basis of the charge being that on the 26th June 2018 at Mapinge Village, Mutema, Chipinge, the accused unlawfully caused the death of Patikai Madaro by stoning him and striking him several times on the head with a machete and a stone realising that there was a real risk or possibility that conduct might cause death and continued to engage in that conduct despite the risk or possibility resulting... More
The accused in this case pleaded not guilty to a charge of murder proffered by the State. It is alleged that on 14 October 2018 at Muyambo Homestead, Ukoto Village, Chief Musikavanhu, Chipinge, the accused unlawfully caused the death of Joel Muyambo by striking him on the head once with a log with an intention to kill him or realising that there was a real risk or possibility that his conduct might cause death and continued to engage in that conduct despite the risk or possibility.The accused was thus charged with murder as defined on s 47 1 (a) or... More
At the commencement of this trial, the state successfully applied for separation of trial as the accused was jointly charged with one Charles Chinhosva. Charles Chinhosva is at large and a warrant of his arrest was issued. The trial proceeded in respect of the accused Lazarus Togarepi. More
: The delay in finalising this criminal trial has been occasioned by the none availability of one of the state witnesses the then Sgt Richmore Pepukai who had left the police force and was said to have relocated to Botswana. Although the trial commenced on 22 March 2018, Sgt Richmore Pepukai only availed himself on 6 June, 2019. Meanwhile pro deo counsel for the accused constantly changed in the process from Mangwana and Partners. When the trial started Ms V. Zvobgo represented the accused. After she relocated Ms P. Chimwanda took over who also left and the trial was completed... More
This case is an epitome of a poorly investigated case. As a result the trial became tedious as it was characterised by irrelevant State witnesses. The incident in this case occurred in bar in which there were about 25 local people but the Investigating Officer could not record any statement from all these witnesses save from the barman who had not actually seen what happened. To make matters worse this Investigating Officer one Sgt. Ngonidzashe Nhukarume seemed clueless of what was expected of him in such a serious case and ended up conceding in court that he was giving misleading... More
The accused was arraigned before this court on a charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More
This matter is a cocktail of legal disaster to put it mildly. It is clearly a matter which was poorly investigated, ineptly prosecuted and defended and finally thoroughly bungled by the trial Magistrate. Even Mr Zvekare for the National Prosecuting Authority to whom I referred the matter for his views had uncomplimentary comments for the police, the trial prosecutor, accused’s legal practitioners and the trial Magistrate. My sense of justice was greatly offended by how this matter was handled. More
