adminLatif Ameer (53) and crew members Fadil Ramon Weale (27), Enock Yolani Zulu (36) and Joseph Abrahams (37) are facing 11 counts of culpable homicide.
Mr Jacob Jogee, who is appearing for Abrahams and Mr Hamios Mukonoweshuro, who is representing Ameer and Weale, agreed to have their written submissions to support their applications filed by July 19.
Prosecutor Mr Michael Reza will file his response on July 26 and the ruling on whether they should be put to their defence or not has been set for August 1. Mr Reza told the court that the evidence he led established a prima-facie case against all the accused persons. “Your Worship, the State is closing its case, it feels that the evidence led from the four witnesses establishes a prima-facie case,” he said.
Mr Mukonoweshuro argued that in respect of his clients, there was no evidence before the court to warrant placing them on their defence. On the other hand, Mr Jogee said that there were plenty of case laws he will cite which shows that when a person has not committed a crime, he must be discharged at the close of the State case.
Zulu, who is not represented, also called for an acquittal arguing that the State failed to call a number of key witnesses such as survivors who were in the boat and the police officer who recorded his statement.
In response to the defence’s submissions Mr Reza said, “I don’t know whether some of these lawyers make these applications for discharge as a matter of course. “I am surprised at these applications by the accused persons. There is enough evidence led so far to make out a prima-facie case for murder. Your Worship, I have been agonising as to whether we should refer this case to the higher court for the accused persons to face 11 counts of murder.”
Allegations are that on December 25 last year, Ameer asked Zulu to drive the boat and Weale to collect money from passengers. He allegedly failed to provide life jackets to passengers on the boat. Abrahams, the State said, loaded 17 passengers in a boat with capacity to carry six passengers. Ameer allegedly instructed Zulu to drive the boat with passengers without life jackets. Zulu, it is alleged, did not have a licence to drive the boat, but drove it into Lake Chivero around 6:10pm.
Online Reporter