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Fidelis Munyoro Chief Court Reporter
The prosecution in the murder trial of notorious armed robber Musa Taj Abdul and eight others has applied for the production of the record before the conclusion of the trial recording the conviction of the nine for illegally possessing what expert evidence said was the murder weapon.
While generally previous convictions are not permitted to be brought up at a trial, since each crime is considered separate and must be proved separately, in this case the special ruling is sought as the illegally possessed gun is also the gun allegedly used in the 2020 murder.
All the lawyers of the nine men will be given an opportunity to file their responses to the State’s application.
High Court judge Justice Munamato Mutevedzi, who is presiding over the trial, is expected to make his ruling when the trial resumes in January next year.
Taj Abdul along with Elisha Manhanga, Prince Makodza, Liberty Mupamhanga, Rudolph Kanhanga, Innocent Jairos, Tapiwa Mangoma, Godfrey Mupamhanga, Charles Lundu are accused of murdering Mr Courage Ingwani during an armed robbery at Southview Park in Harare, on October 18, 2020.
The burden of proof in a criminal trial rests on the State, which has to prove beyond any reasonable doubt that the accused caused the death of the deceased.
In this case, the State has to provide ample evidence to secure conviction of the nine and the record of the previous conviction for possessing the alleged murder weapon linking the gang to the murder, is one such evidence.
The gang was earlier this year tried and convicted on a charge of illegal possession of the firearm, being the same weapon that was used to shoot Mr Ingwani.
The nine men were arrested separately in Beitbridge and were found in possession of a Vector pistol which through ballistics was matched to the cartridges found at Mr Ingwani’s house and at the scene of the Concession robbery.
They are all denying the charge of murder claiming they were elsewhere when the crime took place.
While the witnesses cannot positively identify the masked gang members that raided Mr Ingwani’s house and killed him, the prosecution is building its case on linking the gang to the weapon used and other evidence.
But the defence team sought to cast doubt that the man killed during the robbery was shot by any robbers by suggesting that the late Mr Ingwani could have accidentally shot himself given the nature of the injury he sustained, coupled with the angle on which he was holding his firearm at the time he shot at the intruders.
It also sought to link State witness, Mr Simon Mutaringe, who was providing security services at the raided house, to the offence by suggesting he was working with the robbery gang that assaulted Mr Ingwani’s house.
Online Reporter