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Killer cops' application for discharge dismissed
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The Bulawayo High Court has dismissed an application for discharge by two police officers and two neighbourhood watch committee members who are facing charges related to the fatal shooting of a man in 2020.
The accused - police officers Bigson Nyoni and Langton Makonye, and neighbourhood watch committee members Ross Johnston and Kyle Bennet - are jointly charged with the murder of Paul Munokopa, a 34-year-old man, during a high-speed chase on May 23, 2020. The four are alleged to have shot Munokopa after suspecting him of being a criminal, but they have all denied the charge of murder.
The trial of the four began last month, and on November 18, they filed an application for discharge, arguing that the State had failed to provide sufficient evidence to support the charges against them. However, the State opposed the application, arguing that the accused should be put to their defence to explain their actions during the incident.
The case was heard before Bulawayo High Court judge, Justice Naison Chivayo. In response to the application for discharge, the State filed opposing papers, arguing that a prima facie case had been established. Justice Chivayo upheld the State's opposition and dismissed the discharge application, ruling that the accused should face trial.
In their application for discharge, Nyoni and Makonye, through their legal representative Kholwani Ngwenya of TJ Mabhikwa and Partners, argued that the State had failed to establish a prima facie case, asserting that the evidence presented did not support a conviction.
"It is respectfully submitted that a reasonable court acting carefully cannot convict the accused persons based on the evidence led by the State in court, which evidence seriously falls short of establishing a prima facie case against the accused persons on a charge of murder," their legal team submitted.
The State, however, disagreed, with the prosecution arguing that the accused should be given an opportunity to explain why they fired their weapons, having been placed at the scene of the shooting. "The applicants ought to be put to their defence to explain as they have been placed on the scene, having fired their weapons, why they felt justified to do so," the State submitted.
Following the ruling, the accused's lawyers indicated their intention to file papers seeking the recusal of Justice Chivayo, although no formal motion had been filed as of the latest proceedings.
The case continues as the accused prepare to present their defence in the coming days, with the court proceedings under close scrutiny as the trial progresses.
The accused - police officers Bigson Nyoni and Langton Makonye, and neighbourhood watch committee members Ross Johnston and Kyle Bennet - are jointly charged with the murder of Paul Munokopa, a 34-year-old man, during a high-speed chase on May 23, 2020. The four are alleged to have shot Munokopa after suspecting him of being a criminal, but they have all denied the charge of murder.
The trial of the four began last month, and on November 18, they filed an application for discharge, arguing that the State had failed to provide sufficient evidence to support the charges against them. However, the State opposed the application, arguing that the accused should be put to their defence to explain their actions during the incident.
The case was heard before Bulawayo High Court judge, Justice Naison Chivayo. In response to the application for discharge, the State filed opposing papers, arguing that a prima facie case had been established. Justice Chivayo upheld the State's opposition and dismissed the discharge application, ruling that the accused should face trial.
"It is respectfully submitted that a reasonable court acting carefully cannot convict the accused persons based on the evidence led by the State in court, which evidence seriously falls short of establishing a prima facie case against the accused persons on a charge of murder," their legal team submitted.
The State, however, disagreed, with the prosecution arguing that the accused should be given an opportunity to explain why they fired their weapons, having been placed at the scene of the shooting. "The applicants ought to be put to their defence to explain as they have been placed on the scene, having fired their weapons, why they felt justified to do so," the State submitted.
Following the ruling, the accused's lawyers indicated their intention to file papers seeking the recusal of Justice Chivayo, although no formal motion had been filed as of the latest proceedings.
The case continues as the accused prepare to present their defence in the coming days, with the court proceedings under close scrutiny as the trial progresses.
Source - southern eye
