adminThulani Ndlovu
A 30-YEAR-OLD man remanded in Khami Maximum Prison for about two years for allegedly killing a vegetable vendor during an altercation over a dollar, is likely to be released after the State conceded that it did not have enough evidence to start the trial.
Morris Mpofu and Petros Dube who both reside in Mtshazo, Gwanda District under Chief Mathema allegedly hit Bheki Nyathi with booted feet, a brick on the head and an exhaust silencer at Mtshazo Business Centre, accusing him of keeping a dollar that belonged to Dube for too long.
Mpofu was implicated by the evidence of the first accused, Dube, who is on the run and is believed to be in South Africa.
However, the State prosecutor, Ms Angeline Manyewure, came to an agreement with the defence attorney Mr Dumisani Dube of Cheda and Partners that he should be released because of lack of evidence implicating him to the alleged murder.
The trial was supposed to commence last Thursday at the High Court. However, Ms Manyewure and Mr Dube appeared before Justice Lawrence Kamocha in chambers. According to Mr Dube, Justice Kamocha agreed to postpone the matter indefinitely and further decried the travesty of justice.
In his warned and cautioned statement, Mpofu denied the murder charge. He alleged that Nyathi approached him carrying a knife and a brick intending to harm him. As an act of self-defence, he held Nyathi’s hands to protect himself from harm.
“I remained holding the other hand that was carrying a brick. Subsequently, Nyathi was tripped by a stone and he fell to the ground. Dube took advantage and hit Nyathi on the head with an exhaust silencer.
“I asked why he was hitting him, and he said if police came he would tell them that he was the one who killed Nyathi,” said Mpofu.
Mr Dube said it was irregular for the State to remand Mpofu in custody from the start as the evidence against him was flimsy and circumstantial with nothing directly linking him to the alleged offence.
“It is travesty of justice. Mpofu has been in prison awaiting trial for two years and when the day of reckoning comes the State says we do not have enough evidence to proceed. Mpofu has a son, girlfriend and a life to live,” Mr Dube said.
“He has to start building those relationships again. Some people have moved on, some have moved up in terms of scaling life but he has to start from minus two years due to the shoddy work of the police.”
According to the witness statements, no one saw the deceased person being hit with a brick. However, a State witness, Joshua Mpofu, alleged that he saw Mpofu pick a brick and throw it towards Nyathi.
He added that his vision was obscured by the butchery wall that prevented him from seeing where the brick landed or whether it hit Nyathi. Furthermore, it was Joshua’s statement that he went to the crime scene where Nyathi had died 10 minutes after the incident.
Morris is still at Khami Maximum Prison and he is expected to be released tomorrow after his lawyer filed an application for bail. The State conceded to the bail sought.
Online Reporter