Two ZNA soldiers, accused of shooting dead two Mwenezi brothers have been acquitted of murder by Justice Garainesu Mawadze at the High Court in Masvingo.
The soldiers who are based at HQ1 Brigade in Bulawayo and
were acquitted on Tuesday are Tapiwanashe Basopo (37) and Collen Ncube (29).
They were deployed to Mijingwe Ranch in Mwenezi when the shooting incident
happened.
The allegations were that Basopo, Ncube and a third soldier
Chrispen Maphosa (30) who is at large were on December 26, 2019 approached by
Olman Nyunyana who complained that his brother Ernest had been severely
assaulted by three Matarise brothers on Christmas evening.
Basopo, Ncube and Maphosa offered to track and apprehend
the accused brothers. Maphosa and Basopo armed themselves with AK 47 rifles and
dressed in army regalia. They arrived at Shayamabvudzi Business Centre at
around 9 pm and confronted Sifelani who ran home and informed his brothers,
Ngonidzashe and Hosiah.
The brothers armed themselves with a knife, machetes, an
iron bar, and a screwdriver and went and confronted the soldiers. A
misunderstanding arose and the brothers charged towards the soldiers.
Sifelani and Hosiah were then shot dead. Ngonidzashe escaped and filed a Police report. Police teamed up with military Police and arrested the three soldiers.
Four live rounds, three spent cartridges, magazines and two
AK47 rifles were recovered.
The State however, said in court that it did not have
enough evidence to nail the two and Justice Mawadze cleared them of the
charges.
Police are looking for Maphosa after a warrant of arrest
was issued by the High Court on March 17, 2022. Justice Mawadze did not clear
Maphosa of the charges after noting that the suspect had not reported for work
for several months.
Sifelani and Hosiah were shot in the chest and head
respectively and they died on the spot.
“The State has indicated that there is not enough evidence
to get a verdict and my judgment is as follows. Maphosa remains on warrant of
arrest issued on March 17, 2022. Basopo and Ncube are hereby cleared of the
murder and any other related charges and are hereby acquitted. The two AK47
rifles being held as exhibits will remain since the State intends to try
Maphosa,” said Justice Mawadze.
Justice Mawadze said Basopo and Ncube had religiously
attended court hearings and urged them to behave appropriately as members of
the uniformed forces.
Emmanuel Mathose prosecuted and Martin Mureri of Matutu
Mureri Legal Practitioners appeared for Ncube and Basopo. Masvingo Mirror
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