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Prosper Dembedza Court Correspondent
The State has opposed bail for two Harare muscle men who are accused of assaulting patrons at Pabloz Night Club in Harare on Christmas Eve.
Blessing Kumunda (36) and Gideon Sanyangore (32) were facing attempted murder charges when they appeared before Harare magistrate Mr Stanford Mambanje.
Prosecutor Mr George Manokore called his first witness the investigating officer Detective constable Cephas Mutswebi who told the court that the two were not proper candidates for bail.
Detective Mutswebi said investigations are still ongoing and that they are yet to retrieve the video footage taken at the scene and to record statements from various patrons who were at the night club.
He further submitted that the two are facing a serious offence which attracts a lengthy custodial sentence and that might induce them to flee.
The detective further submitted that there was overwhelming evidence against the accused persons.
“The two accused persons are known to the complainants and they might jeopardize police investigations.
“We managed to recover the okapi knife which was used in the commission of the offence hidden in Sanyangore’s car,” said the detective.
He told the court that the intention to stab was there but the complainant managed to block the knife with his hand.
Mr Manokore concurred with the investigating officer in opposing bail saying the two are a danger to society.
“We cannot have the laws of the jungle like survival of the fittest applied in this modern era,” he said.
The duo’s lawyer Mr Thomas Nyamunika told the court that the State will suffer no prejudice if the accused are released on bail and barred from interfering with witnesses.
He said when the accused persons surrendered themselves to the police, they were aware of the nature of the charges they are facing but chose not to flee.
“The accused persons are not a danger to society as submitted by the State, but are victims of an attack,” he said.
Mr Nyamunika told the court that Kumunda was assaulted with clenched fists and he fell to the ground prompting him to draw a knife to only scare the aggressors.
“There was absolutely no intention to kill anyone but my client was trying to scare away the complainant who was attacking him.”
He then proposed that each be freed on $50 000 bail and be ordered to continue residing at their given addresses.
He further proposed that stringent reporting conditions could be put to allay the State fears.
Mr Mambanje deferred the matter to tomorrow for ruling.
Online Reporter