adminAuxilia Katongomara Court Reporter
THE High Court yesterday acquitted another member of the Mthwakazi Liberation Front (MLF), Charles Thomas, 44, who was facing treason charges.
Former Bulawayo High Court judge Nicholas Ndou acquitted Thomas, two years after acquitting his co-accused John Gazi, following their arrest on allegations that they tried to topple the government.
However, Justice Ndou, who resigned in 2012 but has been returning to court to clear outstanding cases he was handling before he resigned, said a warrant of arrest issued against 2002 presidential elections losing candidate Paul Siwela after he fled the country over the same matter still stands.
Thomas, Gazi and Siwela, who are all MFL members, were arrested in 2011 while distributing pamphlets agitating for an uprising against the government.
The trio pleaded not guilty to the main charge of treason and the alternative of trying to subvert a constitutionally elected government.
Delivering judgment yesterday, Justice Ndou said the state had failed to prove its case against Thomas.
“The arresting details Constable Chidhakwa and Magama gave contradicting evidence of flyers the accused was in possession of. Instead of producing the actual exhibits, the state produced another flyer that it said looks like the flyer that the accused was found in possession of.
The state has failed to produce a considerable foundation in that there’s no truth in it and accordingly, the accused is found not guilty and discharged,” he said.
“The onus on the state is proving the alleged case beyond reasonable doubt . . . if the state fails to prove beyond reasonable doubt the case against the accused, he or she is discharged. In this case it’s evident that the state is relying on circumstantial evidence.”
The state was represented by Samuel Pedzisayi while Advocate Lucas Nkomo and Robert Ndlovu represented Thomas.
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