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8 church members acquitted
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Eight members of the Marondera-based Assemblies of God-Spiritual Movement (AoG-SM) have been acquitted of charges alleging they obstructed a probation officer from accessing their premises. The ruling was delivered by a Marondera magistrate, who found the accused not guilty due to a lack of evidence.
The accused - Luckymore Zinyama (58), Farai Maisiri (44), Stallone Chakasviba (23), Prisadge Maisiri (32), Ngoni Zinyama (27), Tadiwa Mutisi (18), Anesu Takunyai (18), and Tamiriraishe Chiwade (16) - were arrested on April 25 after a complaint by Brains Muchemwa. Muchemwa had alleged that the church was preventing him from accessing his three children, who were in the custody of their mother and also members of the church.
The magistrate ruled that law enforcement and government officials were able to fulfill their duties during the incident, undermining the charges of obstruction.
"At the end of the day, the government officials who visited the accused's place of worship achieved their objective in the sense that the children were taken to the police and the probation officer managed to interview them," said the magistrate. "It would be far-fetched now to draw an inference that the accused persons hindered the probation officer in the exercise of her duties."
The magistrate further noted that there was insufficient evidence to support the charges, highlighting that the accused had cooperated with authorities by ensuring the children were brought to lawful authorities for questioning.
Court papers revealed that the children were taken to the police station by the accused members, enabling the probation officer to conduct interviews. The social welfare officer involved admitted in court that she was able to carry out her duties without significant hindrance.
"From the admission made by the witness, it is clear that she was able to exercise her duties as the children were taken to lawful authorities," the ruling stated.
The magistrate concluded that a conviction was unsafe given that the probation officer had successfully carried out her work. The accused were subsequently acquitted of all charges.
The accused - Luckymore Zinyama (58), Farai Maisiri (44), Stallone Chakasviba (23), Prisadge Maisiri (32), Ngoni Zinyama (27), Tadiwa Mutisi (18), Anesu Takunyai (18), and Tamiriraishe Chiwade (16) - were arrested on April 25 after a complaint by Brains Muchemwa. Muchemwa had alleged that the church was preventing him from accessing his three children, who were in the custody of their mother and also members of the church.
The magistrate ruled that law enforcement and government officials were able to fulfill their duties during the incident, undermining the charges of obstruction.
"At the end of the day, the government officials who visited the accused's place of worship achieved their objective in the sense that the children were taken to the police and the probation officer managed to interview them," said the magistrate. "It would be far-fetched now to draw an inference that the accused persons hindered the probation officer in the exercise of her duties."
Court papers revealed that the children were taken to the police station by the accused members, enabling the probation officer to conduct interviews. The social welfare officer involved admitted in court that she was able to carry out her duties without significant hindrance.
"From the admission made by the witness, it is clear that she was able to exercise her duties as the children were taken to lawful authorities," the ruling stated.
The magistrate concluded that a conviction was unsafe given that the probation officer had successfully carried out her work. The accused were subsequently acquitted of all charges.
Source - newsday
