No foul play in the death of Gen Mujuru - inquest report

THERE was no foul play in the death of Retired General Solomon Mujuru, an inquest into the tragedy has concluded.

Gen Mujuru died in an inferno at his Beatrice farmhouse in August last year.

The Attorney-General Mr Johannes Toma-na has since instructed the police to treat the docket of the death of former Army Commander Gen Mujuru as "a closed and completed matter".

The AG's office is the only office in Zimbabwe empowered to use its discretion on whether or not to agree with a magistrate's findings in any inquest. In an exclusive interview with The Herald yesterday, Mr Tomana said Gen Mujuru's case was closed.

"I have read the record of proceedings and verdict of the presiding magistrate Mr Walter Chikwanha and I find the verdict to be well reasoned and sound both in law and fact.

"I agree with the conclusion of the inquest, which finds that no foul play suspicion is sustained. In my capacity as the AG, I have accordingly recommended to the police that the docket be closed as a completed matter."

Harare magistrate Mr Chikwanha's findings are despite suspicion and speculation in some sections of the media and society, including Gen Mujuru's relatives, that the General was killed.

Reads part of Mr Chikwanha's findings contained in the inquest verdict: "Despite the suppositions, speculations, conjectures and suspicions by various people including the deceased's relatives, nothing concrete and no evidence at all was placed before the court to show that there was foul play in the death of the deceased."

Also in his findings, the magistrate said there was evidence from the doctor that the deceased did not suffer any other injuries besides those caused by the fire.

"And there is also the evidence from the lead investigator Chief Superintendent (Crispen) Makedenge, to the effect that they carried out exhaustive investigations, but there was nothing to show that there was foul play leading to the death of the now deceased.

"The facts and evidence presented before the court, therefore, do not show that there was foul play and consequently the court concludes that there is no foul play," Mr Chikwanha said.

The magistrate said the court analysed evidence of all the 41 witnesses to determine what caused the fire "but could not get any answers".

"Experts were called to testify from Zesa, Fire Brigade, Police and South African forensic experts, all of them for one reason or another could not furnish the court with an explanation on how the fire started. This therefore is the basis upon which the court concludes that the cause of fire could not be determined," Mr Chikwanha said.

His findings dismissed suspicion in some quarters that the person burnt beyond recognition at the Beatrice farmhouse and later buried at the National Heroes Acre is not Gen Mujuru.

"In the final analysis the court summarises its findings as follows: The name of the deceased is Retired General Solomon Tapfumaneyi Mujuru. This fact is clear from the factual evidence presented before the court and the DNA analysis done in South Africa. They all point to the same direction as regards to the identity of the deceased. The court also concludes that the deceased met his death between the hours of 2020 on the night of 15 August 2011 and 0345 on the morning of 16 August 2011," Mr Chikwana said.

The Mujuru family was demanding the exhumation of the remains of Gen Mujuru for further forensic tests.

Mr Tomana yesterday gave The Herald the right to publish the inquest findings.

"I hereby, in my capacity as an authorised Government official holding official documents grant you the right to publish the findings of the inquest held in the case of the late Retired General Solomon Mujuru," said Mr Tomana.

The AG said he was doing so in the public interest in view of the following: "That the public's right to be correctly guided by lawful institutions on serious matters of public importance has been seriously undermined by judiciously contemptuous media stories which pre-judged the inquest process.
"That the public must be given fair opportunity to judge for themselves in these circumstances and that the public must take charge of their destiny," Mr Tomana said.