News / National
Temba Mliswa acquitted
06 Jun 2011 at 08:44hrs | Views
Former Warriors Fitness Trainer and Businessman, Temba Peter Mliswa, Friday walked out of court a free man after regional magistrate, Morgan Nemadire, acquitted him on charges of intimidating and sending threatening text messages to Paul Westwood.
Regional magistrate Mr Morgan Nemadire ruled that the prosecution had failed to prove its case beyond reasonable doubt and Mr Mliswa was entitled to an acquittal.
"Ultimately therefore this court is of the view that the prosecution has failed to provide sufficient or satisfactory evidence to prove its case beyond reasonable doubt for both contravening Section 45 (a) of the Criminal Law Codification and Reform Act and section 88 (a) of the Post and Telecommunications Services Act.
"The accused is found not guilty and acquitted in both counts," Mr Nemadire said.
The magistrate said the evidence created a scenario of a boxing match of which one boxer competes against the other contestant.
"There is here, the single witness scenario of course, it will be acknowledged by this court that is trite that with crimes other than perjury and treason the court may convict an accused person on the basis of uncorroborated evidence of a single, competent and credible witness.
"The court must be particularly alive to the dangers of faulty reconstruction of evidence after the event. . . bias and any other risks that the circumstances of the case suggests," he said.
Mr Nemadire said as a single witness Mr Westwood's evidence has to be examined as he has interests in the case.
"There are competing interests . . . the witness with an interest, he had a motive to be resentful of accused.
"This means that there is need for corroboration of his evidence," Mr Nemadire said.
Mr Nemadire said Mr Mliswa deserved to be acquitted because Mr Westwood's evidence had not been corroborated and a competent court cannot convict any person on uncorroborated evidence.
On the other hand he said Mr Mliswa's evidence was corroborated by three State witnesses who told the court that his visit to Noshio Motors was peaceful.
"Accused's evidence seems to be corroborated by the three State witnesses," Mr Nemadire said.
The State alleged that on December 18, 2009 Mr Mliswa went to Noshio Motors in Msasa and threatened Mr Westwood by telling him that he would cause him to disappear.
By so doing, the State alleged that he was compelling and inducing Mr Westwood to relinquish control of his company. Mr Mliswa was also accused of sending threatening messages to the businessman.
Regional magistrate Mr Morgan Nemadire ruled that the prosecution had failed to prove its case beyond reasonable doubt and Mr Mliswa was entitled to an acquittal.
"Ultimately therefore this court is of the view that the prosecution has failed to provide sufficient or satisfactory evidence to prove its case beyond reasonable doubt for both contravening Section 45 (a) of the Criminal Law Codification and Reform Act and section 88 (a) of the Post and Telecommunications Services Act.
"The accused is found not guilty and acquitted in both counts," Mr Nemadire said.
The magistrate said the evidence created a scenario of a boxing match of which one boxer competes against the other contestant.
"There is here, the single witness scenario of course, it will be acknowledged by this court that is trite that with crimes other than perjury and treason the court may convict an accused person on the basis of uncorroborated evidence of a single, competent and credible witness.
"The court must be particularly alive to the dangers of faulty reconstruction of evidence after the event. . . bias and any other risks that the circumstances of the case suggests," he said.
Mr Nemadire said as a single witness Mr Westwood's evidence has to be examined as he has interests in the case.
"There are competing interests . . . the witness with an interest, he had a motive to be resentful of accused.
"This means that there is need for corroboration of his evidence," Mr Nemadire said.
Mr Nemadire said Mr Mliswa deserved to be acquitted because Mr Westwood's evidence had not been corroborated and a competent court cannot convict any person on uncorroborated evidence.
On the other hand he said Mr Mliswa's evidence was corroborated by three State witnesses who told the court that his visit to Noshio Motors was peaceful.
"Accused's evidence seems to be corroborated by the three State witnesses," Mr Nemadire said.
The State alleged that on December 18, 2009 Mr Mliswa went to Noshio Motors in Msasa and threatened Mr Westwood by telling him that he would cause him to disappear.
By so doing, the State alleged that he was compelling and inducing Mr Westwood to relinquish control of his company. Mr Mliswa was also accused of sending threatening messages to the businessman.
Source - Byo24News
