NEW: Murder accused cops have a case to answer

Nyore Madzianike

Chinhoyi High Court Judge, Justice Philda Muzofa, has dismissed an application for discharge for three police officers accused of killing a suspected poacher, saying they have a case to answer.

Justice Muzofa dismissed Andrew Masanga, Brighton Machiri and Trynos Rwanga’s application for discharge at the close of the State’s case.

The trio, who were stationed at Darwendale Police Station, allegedly shot and killed Kurt Rahman, who was among suspected poachers, on the night of November 18, 2018.

In their application, the trio claimed that the State had failed to prove a prima facie case against them as its witnesses gave conflicting testimonies.

They also argued that they were indemnified from prosecution under Section 3 of the Protection of Wildlife (Indemnity) Act, as they were in the process of executing their duties in good faith.

The three argued that as indemnified persons, their prosecution can only go on after the Prosecutor General authorises such prosecution.

They said in this case, the State did not obtain such authority.

However, the State argued that conflicting witnesses’ testimonies did not add much weight to the case as they only needed to prove that the trio killed Rahman.

 

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