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17-year-old friend who were facing 10 counts of attempted murder, yesterday appeared before magistrate Mr Tendai Mahwe.
The duo’s lawyer, Mr Chris Mhike of Atherstone and Cook, successfuly applied for refusal of further remand. Mr Mahwe granted the application after it emerged that investigations into the matter were not yet complete. The State can continue with the case by way of summons.
Mr Mahwe said it was impossible for the court to refer back the matter to a trial court when the State was not ready to proceed to trial. The matter which was due for trial was last week referred back to remand court after trial prosecutor Mr Allan Goche told the court that the State was not ready.
Mr Goche indicated that he had not received the docket from the police.
In his application, Mr Mhike argued that the matter was taking too long to be finalised.
“It is clear that the matter was refered to a trial court from here only as a way of managing the pressure that the State was under. This shows that the State is not ready to proceed with the matter,” he said.
The State led by Mr Tungamirai Chakurira opposed the application arguing that it should be entertained by a trial court. He said it would be incompetent for the remand court to entertain the application.
Mr Chakurira then pleaded with the court to refer back the matter to a trial court. Mr Mahwe, however, ruled in favour of the defence. Acting in connivance, on July 21 last year, it is alleged the teenagers hatched a plan to shoot at motorists passing through the intersection of Leopold Takawira Street and Cork Road.They allegedly hid in a ditch and shot at motorists passing through the robot controlled intersection.
Online Reporter