BULAWAYO - The murder trial of the officer commanding police in Bulawayo district, Superintendent Milos Moyo, finally opened in Bulawayo this week, three years after the alleged murder.The trial of Supt Moyo who is being accused of killing Artwell Magagada on New Year ‘s Eve 2007 has failed to take place on numerous occasions, prompting the family of the deceased to seek assistance from the former MDC co-Minister of Home Affairs, Giles Mutseyekwa.
Moyo of 1622/68 ZRP Stops Camp pleaded not guilty to the murder of Artwell Magagada before newly appointed Bulawayo High Court judge, Justice Nicholas Mathonsi.
According to the state outline, Moyo allegedly discharged his service firearm at a crowd of revellers who were celebrating new years day at Chicken Inn along Leopold Takawira Avenue. One of the bullet from Moyo’ s Smith and Wesson CZ pistol allegedly hit Magagada on the head and he died at a local private hospital after almost two days in comma. The deceased was employed by Chicken Inn and had just knocked off from work.
In his defence Moyo, who is being represented by Tanaka Muganyi of Dube-Banda , Nzarayapenga and Partners, denied the possibility of his gunshots having injured Magagada. He claimed that the deceased was not in his line of fire. He told the court that his gunshots were aimed at the wheels of a South African Isuzu truck which was screeching its tyres and turning in circles. He alleged that he observed the driver of the truck pulling out a black pistol and cocking it.
It was his evidence that, after making sure that he had left the crowd behind, and with the truck turning into Herbert Chitepo Street, he fired two warning shots into the air before taking aim at the front wheel of the car.
He said he did all this while driving and firing. However, Constable Fani Katiyo testified that he did not see a gun with the Isuzu truck adding that that there was no threat being posed by the revellers as they were in a merry mood.
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