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Initially the accused was charged for contravening section47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] which relates to murder. The accused was jointly charged with 7 other accused persons. However the 7 other accused persons pleaded not guilty to the charge after which the State withdrew charges against them after plea hence all the 7 accused persons were found not guilty and acquitted. More

All the ingredients of marital infidelity, sheer brutality, extreme provocation and youthful naivety are present in this matter. This matter went through all the motions of a criminal trial up to its logical conclusion. The State seemed unprepared to accept the accused’s limited plea to a lesser charge. More

The accused was convicted in the Magistrates Court of the offence of concealing the birth of a child in contravention of s 106(1) of the Criminal Law (Codification and Reform) Act, [Chapter 9:23] (The Criminal Code). The charge that was preferred against the accused reads as follows:- “In that on the 12th of August, 2019 and at Ziware Village, Chief Charumbira, Celia Tichagwa buried or disposed the body of a child with the intention of concealing the fact of the birth.” More

Before the commencement of this trial the accused raised all manner of issues which ultimately delayed the start of this trial. A brief discussion of those issues raised by the accused is necessary in order to appreciate why the accused ultimately opted to conduct his defence in person without either counsel of choice or pro deo counsel. More

The issue in this matter which fails for determination is how the now deceased was fatally injured on 18 July 2019. More

All the 7 accused are facing the charge of murder as defined in section47(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. More

At the commencement of the hearing of this matter which had 8 accused persons the State withdrew charges before plea in respect of accused 3 Ratidzo Ndambakuwa, accused 7 Robert Mungareka a juvenile aged 17 years and accused 8 Garikai Mungareka also a juvenile aged 15 years who was being assisted by his mother Agnes Mungareka. These proceedings are therefore in respect of the remaining 5 accused persons 2 of which are adult women, 2 are adult men and one juvenile Tellmore Mungareka aged 17 years. More