The High Court of Zimbabwe has acquitted four men who were accused of killing a thief who had stolen a bottle of cooking oil from a parked vehicle.
Onias Mungwani, Nhamo Mbedzi, Mgcini Nyoni, and Peter Murombo were released after High Court Judge Justice Ngoni Nduna discharged them at the close of the State’s case.
The court found there was no concrete evidence linking the four to the alleged assault and could not require them to present a defence.
It was heard that the deceased died after falling into a pit while fleeing from the vehicle from which he had stolen the cooking oil. Said Justice Nduna:
“The depth of the pit is a critical averment; without it, the court cannot evaluate whether fatal injuries could have been sustained from the fall.”
The court said the State’s case was further weakened by the absence of key witnesses, as several testimonies had to be removed from the record because the witnesses could no longer be located.
It also found the evidence provided by the sole State witness to be inadequate, noting that the witness’s account of the alleged assault was weak and unconvincing on its own and needed corroboration.
In the case of Peter Murombo, who was seen pursuing the deceased thief, the court found no evidence of wrongdoing.
The fourth accused had simply chased the thief and later called for help after the fall, leaving the scene afterwards, and therefore had no case to answer.
Regarding the other three accused, the judge concluded there was no clear link between their actions and the death of the deceased.
More: The Herald





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