News / National
Mnangagwa accuser applies for discharge
21 Jun 2024 at 06:23hrs | Views
Sybeth Musengezi, a ZANU-PF member who contested President Emmerson Mnangagwa's rise to power following the 2017 coup, has filed for discharge at the conclusion of the State's case against him.
Musengezi is accused of fraudulently obtaining a ZANU-PF membership card, but he argues that the State has failed to provide sufficient evidence to support the charges.
During the trial, State witness Godwills Masimirembwa, the ZANU-PF Harare chairperson, testified that Musengezi had forged an address and was not a legitimate member of the party. In response, Musengezi's application for discharge asserts that Masimirembwa's testimony lacked relevance and direct evidence against him.
According to Musengezi's defense, the State's evidence falls short of meeting the necessary threshold to justify continuing the case against him. He cites Section 198(3) of the Criminal Procedure and Evidence Act, which allows for discharge if there is insufficient evidence to prove the accused's guilt.
The procedure for discharge at the close of the State's case, as outlined by Section 198 of the Act, stipulates that if there is no evidence establishing the accused's commission of the offense, the verdict should be not guilty.
Musengezi, who previously appeared before Harare magistrate Yeukai Dzuda, is also known for filing a High Court application in 2020 challenging the validity of a 2017 ZANU-PF central committee meeting that facilitated Mnangagwa's assumption of the presidency after Robert Mugabe's resignation.
Musengezi is accused of fraudulently obtaining a ZANU-PF membership card, but he argues that the State has failed to provide sufficient evidence to support the charges.
During the trial, State witness Godwills Masimirembwa, the ZANU-PF Harare chairperson, testified that Musengezi had forged an address and was not a legitimate member of the party. In response, Musengezi's application for discharge asserts that Masimirembwa's testimony lacked relevance and direct evidence against him.
According to Musengezi's defense, the State's evidence falls short of meeting the necessary threshold to justify continuing the case against him. He cites Section 198(3) of the Criminal Procedure and Evidence Act, which allows for discharge if there is insufficient evidence to prove the accused's guilt.
The procedure for discharge at the close of the State's case, as outlined by Section 198 of the Act, stipulates that if there is no evidence establishing the accused's commission of the offense, the verdict should be not guilty.
Musengezi, who previously appeared before Harare magistrate Yeukai Dzuda, is also known for filing a High Court application in 2020 challenging the validity of a 2017 ZANU-PF central committee meeting that facilitated Mnangagwa's assumption of the presidency after Robert Mugabe's resignation.
Source - newsday
