“There is need to uphold deliverance of justice within the judiciary,” Mareche told the court here last Friday, before giving judgement in a long running MDC-T arson case. He said he had been disturbed by police officers who approached his office to probe on the trial proceedings.
“I would not be manipulated or intimidated by police who misdirected themselves by approaching my offices in connection with the case. If police was conducting itself professionally regarding the case proceedings, it should have approached the public prosecutors’ offices, not the trial magistrate”.
“Today, I will give judgement without fear or favour,” he declared.
He went on to acquit four MDC-T youths, Charles Ngwena, Brian Phiri, Shown Chinhayi and Zvidzayi Obey Mutsaru, accused of burning a Zanu (PF) banner bearing President Robert Mugabe’s picture last February.
“Statements given by the complainants were conflicting and did not corroborate with each other. The first complainant, Stewart Matereke, told the court that the banner measured 2 metres in width and 3 metres in length and was hung a metre above the ground.
He went on to say the accused climbed on a table and pulled down the banner before setting it on fire. He also said the incident happened when they were roasting a rabbit for braai at Dombotombo Shopping Centre. The second complainant, Thomas Thomas, told the court that the banner measured 5 metres in width and 5 metres in length. He said the incident happened when they were drinking beer at Tandarai Bar in Dombotombo. He went on to deny knowing anyone of the accused. This was despite him having been working with accused Charles Ngwena at the local urban council for the past five years,” said the magistrate.
He pointed out that since the banner was hung just a metre above the ground, even the shortest living human being would have easily pulled it down without resorting to climbing on a table. The remains of the ‘banner’ were never produced in court as evidence. So, there was no way the courts could prosecute without exhibits.
The four MDC-T activists including Marondera Central Youth Chairperson, Charles Ngwena, were represented by Human Rights Lawyer, Makiyasi Mandebele. The accused had been appearing before the courts since February.
Post published in: News