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Prosper Dembedza
Herald Correspondent
THE trial of Madzibaba Ishmael Chokurongerwa and his seven co-accused will move to his farm tomorrow for an inspection in loco after Norton magistrate Ms Christina Nyandoro yesterday granted the State’s application.
An inspection in loco is an investigation conducted at the actual location where an event or situation took place.
Madzibaba Ishmael and his seven accomplices are facing allegations of contravening the Burial and Cremation Act and the Children’s Act.
Chokurongerwa (54), Takavengwa Gwenzi (55), Siribiniyo Chikunhire (53), Wonder Kabaya (41), Devlodge Katsande (48), Zebedia Sigudu (49), Aaron Chokurongerwa (47) and Shingirai Ngavafume (42), all from Lily Farm in Nyabira, are facing three counts of ill-treating children, conducting a burial without a burial order and failing to give notice of the birth and death of a person.
During the previous trial sitting, the State led by District Public Prosecutor Mr Tafara Chirambira and Ms Sheila Mupindu applied to lead its last witness at Madzibaba Ishmael’s farm but the defence opposed the application.
The defence argued that the inspection in loco did not exist in Zimbabwean law and encouraged the court not to grant the application. But Mr Chirambira responded by citing several examples of High court judgments where courts had been urged to conduct inspections in loco to obtain a better understanding of issues. An inspection in loco would be of no prejudice to the eight accused, but was purely in the interest of justice.
The magistrate then ruled that the State was at liberty to prosecute its case as it sees fit as long as it was within the confines of the law and that there was no prejudice. The court noted that inspections in loco had always been held.
As such, the trial was adjourned to tomorrow for the inspection in loco.
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