admin
Fidelis Munyoro Chief Court Reporter
The prosecution in the murder trial of four suspects accused of killing Murewa boy Tapiwa Makore Jnr two years ago, yesterday called a new witness, but his evidence could not be led in open court because he is a juvenile.
Tapiwa was killed in a suspected case of ritual murder, allegedly by Tafadzwa Shamba, his uncles Tapiwa Makore Snr and Thanks Makore, and another relative Moud Hunidzarira.
The 13-year-old boy, a State witness, went on to give his testimony in closed court after the prosecution successfully applied to have the gallery cleared of all members of the public and media.
Justice Munamato Mutevedzi did allow State witnesses that had already testified, all of them except the investigating officer, being relatives of the boy, could remain in the gallery.
The witness’ mother has since testified in the matter, but was impeached after she was declared hostile and changed her story, allowing the State to cross-examine its own witness and generally treat her as if she were a defence witness.
The woman, who is also a relative to Tapiwa, denied a statement she gave to the police during investigations incriminating two of the four suspects charged with Tapiwa’s killing.
On Monday, Justice Mutevedzi allowed the confessions and indications made by Shamba, the prime suspect, at the crime scene, to be tendered as exhibits in court.
These indications led to the recovery of Tapiwa’s body parts.
Shamba, through his pro deo lawyer Mr Moses Mavhaire had challenged the production of the confessions, arguing they were made under duress.
He argued that Shamba only complied in fear of further assaults from the investigating officers, who he alleged had earlier given him a hiding to force him confess to committing the crime and lead the police to make indications.
This prompted the court to suspend the murder trial and embark on a trial within a trial to establish the circumstances under which the confessions were made.
In dismissing the challenge by Shamba, Justice Mutevedzi ruled that police officers were allowed to use any means deemed necessary to obtain full information about a particular case.
He dismissed Shamba’s contention that the confessions and indications he made were rehearsed.
“It is the court’s view that his story is preposterous, he wanted to show the court that his indications were rehearsed, but positive results came out from the confessions as it led to the recovery of the body parts,” said Justice Mutevedzi.
“If it was rehearsed the police would not have recovered the body parts.
“The evidence by the State must be admissible and the accused must be put to his defence.”
During indications, Shamba confessed that he lured the little boy to a secluded house, gave him a traditional brew and waited until he slept to slit his throat, adding that Makore Snr assisted him to kill the little boy.
Tapiwa was allegedly murdered by the suspects on September 17, 2020 in Nyamutumbu village, Murehwa.
According to one confession, the boy was drugged, killed and mutilated so that they could sell his body parts to a witch doctor for US$1 500.
The family faced continued grief after enduring over six months without laying his body to rest since the burial had to be delayed until the boy’s head was found.
The head was never found, resulting in the burial of the headless torso.
Online Reporter