Onias Mungwani,
Nhamo Mbedzi, Mgcini Nyoni and Peter Murombo walked free after High Court Judge
Justice Ngoni Nduna discharged them at the close of the State’s case.
The High Court
noted that there was an absence of firm evidence linking the quartet to the
alleged assault and could not place them on their defence case.
The court heard
that the deceased met his death after falling into a pit while fleeing from a
parked vehicle, from which he had stolen cooking oil.
“The depth of
the pit is a critical averment, without it, the court cannot evaluate whether
fatal injuries could have been sustained from the fall,” Justice Nduna said.
The court said
the State’s case was further weakened by the absence of crucial witnesses as
several testimonies had to be expunged from the record since they were no
longer locatable.
The court also
found the evidence of the sole State witness inadequate.
“Clearly, the
witness’s account of the alleged assault needed corroboration. His version, on
its own, is weak and unconvincing,” the judge noted.
In relation to
Murombo, who was seen pursuing the late thief, the court found no evidence of
wrongdoing.
“The fourth
accused merely pursued the thief and later called for help after the fall. He
left the scene thereafter. Obviously, he has no case to answer,” said Justice
Nduna.
Regarding the
other three accused, the judge maintained that there was no clear link between
their actions and the death of the deceased. Herald
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