THE High Court has ruled that the State dismally failed to
prove its case beyond reasonable that Bulawayo businessman Oricious Moyo killed
Tawanda “MaPecca” Moyo (43), a former member of Siyaya Arts Group.
Moyo (41) of Emganwini suburb was initially charged with
attempted murder but the charges were altered to murder after his victim later
succumbed to the injuries.
Moyo, who was alleged to have shot MaPecca, his lover’s
husband, was acquitted by Bulawayo High Court judge Justice Martin Makonese
yesterday following a full trial with three State witnesses giving their
testimonies.
The witnesses included the investigating officer, Assistant
Inspector Charles Nyamukubva and MaPecca’s two friends Mr Stewart Nyathi and Mr
Leeroy Malunga.
The deceased’s wife, Ms Jacqueline Moyo with whom Oricious
was allegedly having an extra-marital affair, denied that she was having an
affair with the accused person.
She also denied
having been in the company of Oricious on the day of the shooting of her
husband.
In his judgment, Justice Makonese said there was no
evidence led by the State on how MaPecca met his death.
He said the accused person gave an explanation which the
State failed to rebut through the evidence adduced from its witnesses.
“The State was evidently seriously handicapped in that the
only person who could have shed light on what actually happened between
Oricious and Tawanda was the deceased’s wife who, however chose not to
cooperate with the police. The accused person’s version therefore, remained
uncontroverted at the end of trial,” said the judge.
“The cardinal rule is that no onus rests on an accused to
convince the court of the veracity of any explanation which he may give in his
defence.
“A court may only convict an accused person if it is
satisfied that, not only that his explanation improbable, but that it is beyond
reasonable doubt false.”
Justice Makonese said the allegations against Oricious were
largely speculative.
“There are gaps in the evidence of the State case and the
only version on what led to the fatal shooting is the accused’s version. The
allegations against the accused person are largely speculative and when all the
evidence has been assessed, we are satisfied that the State failed to prove its
case, and consequently we find the accused person not guilty on the charge of
murder and acquitted,” ruled the judge.
In his defence, Oricious said he acted in self defence as
he believed that he was under attack from his assailants who intended to rob
him.
He also denied allegations of engaging in an extra marital
affair with Jaqueline, the deceased’s wife, telling the court that the deceased
and his accomplices cooked up the charges as a way of trying to cover up for
their attempted robbery.
Allegations against Oricious were that on July 25 at around
9PM, he parked his motor vehicle at his residence waiting for the gate to be
opened.
He was allegedly in the company of Jacqueline, with whom he
was having an extra-marital affair.
Jacqueline was also an employee at Fish and Chicken City
owned by Moyo and was the deceased’s estranged wife.
“While still parked at the gate, the now deceased Tawanda
Moyo confronted the pair and inquired about their relationship,” alleged Mr
Kudakwashe for the state.
It was stated that at that moment Moyo started his car in
an attempt to flee but Tawanda clung to the front passenger’s door.
This resulted in Moyo producing a pistol and shooting
Tawanda once on the right side of ribcage and he fell down.
Mr Jaravaza said Moyo later reported the incident to the
police accusing Tawanda of trying to rob him. Police attended the scene and
summoned an ambulance which took Tawanda to hospital.
On August 28, an operation was conducted on Tawanda who
still had a bullet lodged in his body near the spinal cord. However, after the
operation, Tawanda’s condition deteriorated and he was transferred to the
Intensive Care Unit where he died the following day.
Tawanda’s post mortem report shows that he died due to
septic shock, septic laceration, gunshot wounds and assault.
Moyo, through his lawyer Mr Robert Ndlovu of R Ndlovu and
Company, counter-accused Tawanda and his two friends Steward Nyathi and Leeroy
Malunga of attempting to rob him, resulting in the shooting incident. Chronicle
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