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their jail breaking case.
Mr Morgen Nemadire, however, acquitted Ruperts Chimanga, Phillip Chivhurunge and Bigknows Wairesi after ruling that the State had failed to prove a prima-facie case against them.
Matapo and Lucky Mhungu had their application thrown out.
The five were facing charges of attempting to break out of Chikurubi Maximum Security Prison. Matapo and Mhungu, through their lawyer Mr Charles Warara had made an application for discharge at the close of the
State case arguing that the prosecution had failed to prove a case against them.
“It appears to this court that the evidence led so far as the State counsel rightly conceded does not establish a prima-facie case for Chivhurunge and Wairesi to be put on their defence.
“The same evidence also does not seem to readily make out a case at face value for Chimanga to meet in his defence,” said Mr Nemadire.
“The State appears to have established a prima-facie case against both Matapo and Mhungu which the two shall meet in their defence case.
“Accused one (Matapo) and accused five (Mhungu) application for discharge at the close of the State case is dismissed they are to be put to their defence,” he ruled.
The State alleges that sometime in March last year the five connived with Asani Chikwanda (serving) to escape from prison.
Prison Officer Donald Gwekwerere, who is currently on bail pending appeal, allegedly supplied them with the tools to cut burglar bars to their cell.
On April 4, 2009, it is alleged, Chimanga, Mhungu, Wairesi, Chivhurunge, and Matapo used a hacksaw to cut burglar bars securing the observation window to their cell.
It is alleged they smashed the window and got out but a prison officer caught them as they tried to make good their escape.
Online Reporter