2002 murder trial begins

years ago has started.
Mupfiga Muchakata (43), Takudzwanashe Mazhetese (43), Moses Binduko (36), Brighton Mutyiri (32) and James Chisvore (27) all from Nyakunhuhwa communal lands in Zaka pleaded not guilty when their trial commenced before High Court judge Samuel Kudya on circuit on Monday.

The five are denying the murder of the two suspected thieves, Peter Mabika (29) and Innocent Muregi (31) both of Muregi Village under Chief Nyakunhuwa in March 2002.
The trial opened with the defence applying to have the case referred to the Supreme Court to deal with constitutional issues being raised by the five.
Through their lawyer, Mr Johannes Ruvengo of Mwonzora and Associates, the five want the trial stopped on the grounds of inordinate delay in trying them.

Mr Ruvengo told Justice Kudya, sitting with assessors Mr Eliphas Gweru and Mr Samson Mutomba, that his clients ought to have been tried within a reasonable period in terms of the law.
He now wants the superior court to determine the constitutional issues being raised before the trial proceeds.

Justice Kudya will rule on the defence application .
The two-week circuit ends tomorrow.

Charges against the five arose on March 10 2001 at Jichidza Business Centre when they allegedly went and abducted Mabika and Muregi from their respective homes accusing them of stealing cattle from a villager from another area.
The victims, says the State, allegedly denied ever stealing cattle when quizzed by the five.

However the five started assaulting the two with logs, sticks, sjamboks and knobkerries and detained them in a shop.
The five also allegedly stripped the duo naked and continued assaulting them before they went on to drop burning plastics all over their bodies resulting in them sustaining serious injuries.

On 14 March, 2002, police went to rescue Mabika and Muregi after getting a report that the two were being held hostage and tortured by the five.
The duo was taken to Ndanga District Hospital where Mabika, who was unable to walk, died the following day.
Muregi was transferred to Harare Central Hospital where he died on March 23, 2002 as a result of the injuries he sustained.

Post-mortem results showed that the two had died of multiple body injuries and skull fractures leading to the arrest of the five.
Mr Elson Chavarika is prosecuting.