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Court Reporter
One of the two teenagers accused of ambushing and shooting at cars on separate occasions in one night while wearing camouflage in 2013, was yesterday cleared on charges of discharging a firearm and malicious damage to property.
Taylor Cameroon (19) was acquitted after his lawyer Mr Admire Rubaya of Rubaya and Chatambudza Legal Practitioners successfully made an application for discharge at the close of the State’s case.
Cameroon was being charged with five counts of discharging a firearm and malicious damage to property.
His alleged accomplice Ralph Nicholson (18) is believed to have sneaked out of the country during the time when he was removed from remand.
In his ruling, magistrate Mr Tendai Mahwe said the State failed to prove a prima-facie case against the accused.
Mr Mahwe said there was no evidence shown in court proving that the accused was the one who discharged the firearm.
In the application, Mr Rubaya argued that the witnesses including the arresting detail and the investigating officer had failed to link his client to the crime.
“. . . the arresting detail conceded that he had not found the accused in possession of the firearm. He confirmed that he did not have evidence that accused had at one point handled the firearm in question and discharge it.
“The investigating officer confirmed that no finger prints were uplifted from the firearm such that there is nothing connecting the accused to the said offence.
“The accused cannot be placed on his defence where the State has not led evidence to prove the essential elements of the offence,” he said.
He added, “The arresting detail alleged that the accused was found in possession of a pellet gun but he could not pinpoint to the court which pellet gun accused was alleged to have held. Thus, there is no evidence to prove that it is the accused person who maliciously damaged the motor vehicles in question.”
The State led by Ms Francesca Mukumbiri opposed the application on the basis that Cameroon had a case to answer since he was found and arrested at the scene and found in possession of a pellet gun.
“Your worship, the victims testified and told the court that the accused person compensated them.
“Why would they compensate the witnesses if he is not guilty,” she argued?
Online Reporter