CIO murder judgement expected tomorrow

HIGH Court Judge Justice Samuel Kudya will tomorrow deliver judgment in the case in which two men are facing charges of shooting dead a Central Intelligence Organisation district head in Chiredzi in 2009.

Justice Kudya is expected to hand down judgment in a case in which Clemence Munyanyi (34) of Ingwani village in Sengwe communal lands in Chiredzi and Zibusiso Dube (31) of Nketa 6 in Bulawayo allegedly shot and killed Regis Dongonda (then 38) with a pistol outside a bar in Chiredzi three years ago.

Dube and Munyanyi were also facing attempted murder charges after they also allegedly shot and injured Dongonda's workmate Rudo Mavimbo who was with him on the fateful day.

The pair was also facing attempted robbery charges after it tried to take away a Ford Ranger which Dongonda and Mavimbo were in outside the beerhall when the incident occurred.

Justice Kudya, who was sitting with assessors Mr Eliphas Gweru and Mr Samuel Mutomba with the High Court on circuit here, on Tuesday postponed the case to tomorrow for judgment after a full trial.

This was after Munyanyi, through his lawyer Mr Charles Ndlovu of Ndlovu and Hwacha Legal practitioners and Dube through his lawyer Mr Cossam Chuma of Chuma and Gurajena and partners, had made their final addresses before the court.

In their submissions, Mr Ndlovu and Mr Chuma argued that the court was not supposed to rely on the evidence of the key witness Mavimbo who implicated Dube and Munyanyi following an identification parade at Chiredzi Police Station after the fatal shooting.

Mavimbo positively identified Munyanyi and Dube at an identification parade that was held in Chiredzi following the killing of Dongonda.

However, Munyanyi and Dube - through their lawyers - argued that Mavimbo wrongly implicated them as her memory could have been compromised since she was drinking beer at the time.

The pair argued that the fact that the shooting took place about four hours after Mavimbo had started drinking beer meant she might have erred in identifying them as the culprits.

They also argued that it was not easily possible for Mavimbo to clearly identify the culprits who shot at Dongonda and her since it was dark.

In his closing submissions, State counsel Mr Elson Chavarika argued that Munyanyi and Dube had a case to answer as they were positively identified by Mavimbo as the culprits who shot and killed Dongonda before turning the pistol on her and trying to get away with their Ford Ranger vehicle.

The trial heard that on 18 June 2009, Dongonda and Mavimbo were drinking beer while seated in their vehicle outside a bar at Chishamiso, Hippo Valley Estates.

A few hours later they were allegedly approached by Munyanyi and Dube who emerged from a dark corner and confronted them while armed with a Norinco 9mm pistol which one of the accused pointed at them.

The accused allegedly ordered Dongonda and Dube out of the car and to lie at the back on their stomachs to which they complied.

Munyanyi allegedly jumped into the driver's seat and tried to start the vehicle three times, but failed.

Mavimbo was allegedly pleading with the accused to spare their lives and take away the vehicle, but Dube fired shots from his pistol randomly and hit Dongonda on the left cheek while Mavimbo was hit on the arm.

The accused then jumped out of the vehicle and fled into the dark leaving behind the vehicle.

Dongonda was rushed to Chiredzi District Hospital where he was pronounced dead on arrival.