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Masvingo Senator Misheck Marava (MDC-T), who was being accused of causing the death of a Zaka villager during political violence in 2002, was on Wednesday freed by the Constitutional Court.
Sen Marava was initially charged with murder but years later, the charge was reduced to culpable homicide.
The politician mounted a constitutional application seeking permanent stay of prosecution on the basis that the delay of 13 years in bringing the matter to trial was inordinate and unreasonable.
On Wednesday, Chief Justice Godfrey Chidyausiku, sitting with eight other judges, granted the politician’s application with the consent of the prosecution.
The court’s decision permanently freed the politician.
According to Sen Marava’s heads of argument, the decision by the State to prosecute him 13 years after his arrest, was a violation of his right to a fair trial within a reasonable time. Sen Marava was charged together with 18 others in 2002 for culpable homicide. They were being accused of fatally assaulting Mr Gibson Masarira on January 9 2002. Sen Marava and others were granted Z$1 000 bail each by the High Court on January 22 2002.
On October 13 2003, police recorded a warned and cautioned statement from Sen Marava.
A Zaka magistrate formally confirmed the warned and cautioned statement a year later. On July 9 2007, Sen Marava was summoned to appear in court but his case could not kick off until June this year when issued with new summons to appear before a Masvingo magistrate for trial.
On that basis, Sen Marava’s lawyer Mr Douglas Mwonzora of Mwonzora and Associates, filed a Constitutional application seeking permanent stay of prosecution.
Online Reporter