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Court rejects discharge bid in Education Officials' case
6 hrs ago |
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Masvingo Regional Magistrate Innocent Bepura has dismissed an application for discharge filed by Masvingo Provincial Education Director Shylatte Mhike and co-accused Liniah Chinoda and Evershine Ndongwe, ruling that the State had presented sufficient evidence to require them to answer in their defence.
The application was argued by lawyers Takunda Chikwati of Matutu and Mureri Legal Practitioners and Yolander Chandata of H. Tafa and Associates, who maintained that the prosecution had failed to establish a prima facie case that could lead to a conviction.
However, Magistrate Bepura ruled that there were reasonable grounds to put the accused on their defence.
The case stems from a verification process conducted in Chivi, where it is undisputed that participants were entitled to payment. While Mhike and Chinoda are not alleged to have attended the process, the central issue before the court is whether they nevertheless claimed or received funds linked to the programme.
The court heard testimony from witnesses including Tapiwa Mapindani, the Chivi District Education Accountant, and Dzingai Njera, a Provincial Education Administration Officer, who both indicated that the accused were paid.
The magistrate also noted that the defence must respond to findings by a handwriting expert regarding signatures on the relevant claim forms, despite some disputes raised over dates.
Bepura concluded that it would be premature to end the matter at this stage, setting the case down for the defence to present its evidence on March 26, 2026.
The ruling means the trial will proceed, with the accused now required to answer to the allegations before the court.
The application was argued by lawyers Takunda Chikwati of Matutu and Mureri Legal Practitioners and Yolander Chandata of H. Tafa and Associates, who maintained that the prosecution had failed to establish a prima facie case that could lead to a conviction.
However, Magistrate Bepura ruled that there were reasonable grounds to put the accused on their defence.
The case stems from a verification process conducted in Chivi, where it is undisputed that participants were entitled to payment. While Mhike and Chinoda are not alleged to have attended the process, the central issue before the court is whether they nevertheless claimed or received funds linked to the programme.
The court heard testimony from witnesses including Tapiwa Mapindani, the Chivi District Education Accountant, and Dzingai Njera, a Provincial Education Administration Officer, who both indicated that the accused were paid.
The magistrate also noted that the defence must respond to findings by a handwriting expert regarding signatures on the relevant claim forms, despite some disputes raised over dates.
Bepura concluded that it would be premature to end the matter at this stage, setting the case down for the defence to present its evidence on March 26, 2026.
The ruling means the trial will proceed, with the accused now required to answer to the allegations before the court.
Source - Mirror
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