News / National
Mwonzora suffers another court defeat
10 May 2023 at 14:24hrs | Views
A CHINHOYI magistrate this Tuesday acquitted Citizens' Coalition for Change (CCC) activist, Godfrey Makoko, who was facing charges of threatening to kill MDC president, Douglas Mwonzora.
This dealt a huge blow to Mwonzora who earlier this week suffered yet another legal defeat after the Constitutional Court dismissed a court application challenging Zimbabwe Electoral Commission (ZEC)'s delimitation report and seeking postponement of impending 2023 elections.
Chinhoyi Magistrate Toendepi Zhou set free Makoko (40) after a lengthy trial that saw State calling four "weak" witnesses who gave conflicting versions.
Testimonies by Mwonzora's three security aides were riddled with inconsistencies and therefore, unreliable, the court ruled.
In his judgement Zhou noted one named private security guard, who works at Chinhoyi Court Complex where the purported threats were made, testified that he never saw or heard accused person issuing threats of violence.
Makoko, in his earlier defence outline through his lawyer Kudzai Choga, put it that charges against him were concocted to settle political scores.
Court heard the MDC president had laid charges to retaliate humiliation by CCC activists who chanted political songs outside the courthouse on November 11, 2022 after his application for a spoilation order against CCC was ruled defective.
"The State did not crucially interrogate fourth State witness who said he never saw accused person near complainant," the magistrate ruled.
"The State shot itself in the foot by calling the fourth witness (name supplied) who said he didn't see any such incident of threats of attack on Mwonzora by accused person.
"The State failed to prove itself beyond any reasons doubt and, therefore, this court will give benefit of doubt to accused person who is hereby acquitted and discharged."
Earlier in March, the same court acquitted Makoko's co-accused: CCC interim provincial secretary Tawanda Bvumo, former Chinhoyi mayor and incumbent Ward 12 Councillor Dyke Makumbi and party security officer, Taurai Justin Munyaradzi.
This dealt a huge blow to Mwonzora who earlier this week suffered yet another legal defeat after the Constitutional Court dismissed a court application challenging Zimbabwe Electoral Commission (ZEC)'s delimitation report and seeking postponement of impending 2023 elections.
Chinhoyi Magistrate Toendepi Zhou set free Makoko (40) after a lengthy trial that saw State calling four "weak" witnesses who gave conflicting versions.
Testimonies by Mwonzora's three security aides were riddled with inconsistencies and therefore, unreliable, the court ruled.
In his judgement Zhou noted one named private security guard, who works at Chinhoyi Court Complex where the purported threats were made, testified that he never saw or heard accused person issuing threats of violence.
Court heard the MDC president had laid charges to retaliate humiliation by CCC activists who chanted political songs outside the courthouse on November 11, 2022 after his application for a spoilation order against CCC was ruled defective.
"The State did not crucially interrogate fourth State witness who said he never saw accused person near complainant," the magistrate ruled.
"The State shot itself in the foot by calling the fourth witness (name supplied) who said he didn't see any such incident of threats of attack on Mwonzora by accused person.
"The State failed to prove itself beyond any reasons doubt and, therefore, this court will give benefit of doubt to accused person who is hereby acquitted and discharged."
Earlier in March, the same court acquitted Makoko's co-accused: CCC interim provincial secretary Tawanda Bvumo, former Chinhoyi mayor and incumbent Ward 12 Councillor Dyke Makumbi and party security officer, Taurai Justin Munyaradzi.
Source - NewZimbabwe
