dyton mupawaenda
Mathew Masinge
A HURUNGWE man, who was falsely charged with the rape and murder of his ex-girlfriend’s daughter, has been cleared by the High Court.
Shingai Makura was found not guilty and acquitted by Justice Philda Muzofa after a full trial.
The girl, Nomsa Temani (6).
Her attacker stripped her naked, raped her and left her for dead.
The incident happened on October 27, 2023.
Nomsa was sent by her mother, Mary Temani, to pick some groceries on credit from a shop at Pamashedhi Shopping Centre under Chief Dandawa in Hurungwe. She was sent around 9.30am and never returned.
Her body was later discovered the next day bruised and naked, stuck between two large rocks.
The State had only placed Makura at the scene of the crime after he was seen walking near the deceased.
He was also believed to have used the murder to settle scores with the girl’s mother who had dumped him.
It is Justice Muzofa’s findings that there was no direct evidence linking Makura to the girl’s murder and the State had relied on circumstantial evidence.
In his defence, Makura argued that the State witnesses were not credible, their evidence should not be accepted and his warned and cautioned statement was made under undue pressure.
“An admission by an accused must be clearly made. In this case the State would just be clutching at straws.
“As already stated, the State missed an opportunity to use conclusive evidence from forensics.
“From the foregoing, we believe the evidence before the court raises suspicion and is not proof beyond a reasonable doubt.
“The facts the State sought to rely on did not form a chain so complete that there is no escape from the conclusion that within all human probability the accused committed the offence.
“Secondly, Makura’s statements were not shown to have been made freely and voluntarily. There was evidence that he was assaulted that was not disputed by the State.
“Accordingly, Makura is found not guilty and acquitted,” reads the judgment.
Online Reporter