Cosmas Nyoni acquitted of criminal defamation

Finding Nyoni not guilty and acquitting him of the charges, Bulawayo magistrate, Sophie Matimba ruled that the State had failed to prove a prima facie case against Nyoni.
In her ruling, Matimba said this was a 50/50 case with Nyoni having given detailed evidence in his defence on how this match-fixing was to be done.
She noted that there was corroboration by Banda that he saw Nyoni at his office.
“The court feels that there was probably a deal that was made between Nyoni and Banda through Samukeliso Silengane to fix that particular match in question. However, it appears as though the deal went sour and accused (Nyoni) let complainant (Banda) down which did not go down well with complainant,” said Matimba.
It was her finding that the stories of Banda and Nyoni are both believable adding that the duty of the court is to see if the State has proved a prima facie case against the accused beyond a reasonable doubt.
“Both the accused and the complainant could be lying which leaves the court in doubt and to whether or not to convict the accused person.
“It is a general rule that when there is a doubt whether an accused person committed an offence or not it is just and proper to acquit the accused,” she said.
She said the court felt that the State had failed to prove a prima facie case against Nyoni as the onus lies on the State to prove the accused committed the offence.
In his submissions, Nyoni, through his lawyer Brighton Ndove, of Marondedze, Mukuku, Ndove and Partners, had submitted that there is no onus on the accused person to prove his innocence, neither is there any duty on the part of the court to believe the accused person’s story.
Ndove added that all that the accused has to do is to lay facts which constitute a defence.
“In the instant case this honourable court is faced by evidence of the complainant and the accused person in respect of which both are accusing each other of lying. The daunting task for this court is probably to decide who is the better liar,” submitted Ndove.
Soon after the pronouncement of the verdict, Nyoni almost jumped out of the dock out of joy and quickly walked out of the courtroom where he hugged his lawyer and thanked him for a job well done.
Banda and suspended Zifa Central Region chairman Patrick Hokonya were in attendance in court.
Nyoni (47), of 3765 Cowdray Park, had pleaded not guilty to criminal defamation.
The State case against him as presented by the prosecutor, Mr Robin Mukura was that between 30 November and 3 December last year, he supplied false information about Banda to the press to the effect that he summoned him to his office to discuss match-fixing in the Central Region.
The game in contention was played on 8 October 2011 between Tripple B and Hardbody.