Citizens Coalition for Change (CCC) losing Chirumanzu South candidate in the August 2023 elections, Patrick Cheza, and four others, were on Wednesday last week acquitted of charges of political violence by Gweru provincial magistrate Sangster Tavengwa.
As reported by the Southern Eye, their lawyers Esau Mandipa and Leopold Mudisi had applied for discharge at the close of the state case arguing the latter had failed to provide any evidence of a crime.
In his ruling, Tayengwa said that the state had failed to prove its case against the accused and the inconsistencies by state witnesses in the matter left the court with no option but to acquit the accused. Said Tayengwa:
We had inconsistencies with one witness saying one thing and another different thing.
The law provides that where the state fails to prove a prima facie case, the court should reach a verdict of not guilty.
The court will have to discharge you at the close of the state case and all of you are therefore found not guilty and acquitted.
Cheza on Sunday told the Southern Eye that he and his alleged accomplices, Tinashe Moyo (47), Tanyaradzwa Marimbe (23), Christopher Mutoboni (33) and Alex Gamuchirai (37) were wrongly dragged to court on “trumped up” charges of assault, theft and robbery. He said:
I have been acquitted and I have been consistently saying that l did not commit any of these three offences.
I and my colleagues have been victims of politics but l tell you one day Zimbabwe is going to be free.
I, however, feel proud of the courts that at times take a non-partisan approach and professionally deal with the matter at hand…
I applaud our defence lawyers Mandipa and Mudisi for a sterling job in ensuring justice prevailed.
Allegations were that on May 31 at Rupepwe Primary School in Chirumanzu Cheza, Moyo, Marimbe, Mutoboni and Gamuchirai assaulted Justice Dzaguma, a ZANU PF activist.
They allegedly slapped Dzaguma once on the cheek with open hands before kicking him several times.
The accused also allegedly assaulted Nhamo Muzembi before robbing him of US$50, a POSB bank card and a ZANU PF card.
It was further alleged that on the same date at around 11 AM at Mazvimba Primary School in Chirumanzu the accused took an Itel cellphone from Philemon Madzivanyika and smashed it on the ground.
They allegedly damaged the phone pouch valued at US$3.
Taurai Mavuto and Monica Mungwena represented the State.
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