The Herald (Harare)
3 November 2009
Harare — Youth Development, Indigenisation and Empowerment Deputy Minister Thamsanqa Mahlangu, his personal aide and two other women accused of stealing Cde Joseph Chinotimba's cellphone, were yesterday cleared of the charges.
This comes as Bikita West legislator Heya Shoko, who was facing charges of abusing Government subsidised inputs, was also acquitted at the close of the State case.
Mahlangu, Malvern Chadamoyo, the women -- Geraldine Phiri and Patience Nyoni -- were found not guilty of theft charges by Harare magistrate Mr Kudakwashe Jarabini for lack of incriminating evidence.
Acquitting the four, Mr Jarabini said the State had dismally failed to prove a case against them and that they were entitled to an acquittal.
"The State failed to prove its case beyond reasonable doubt . . . The court finds them not guilty hence the accused persons are entitled to an acquittal," he said.
He said the State's case was riddled with inconsistencies with some witnesses contradicting themselves. Mr Jarabini said the evidence adduced in court did not prove that Deputy Minister Mahlangu and his aide meant to permanently deprive Cde Chinotimba of his mobile phone.
"It cannot be disputed that accused 3 (Mahlangu) told accused 4 (Chadamoyo) to return it to the organisers, no evidence was led to rebut that assertion," he said.
The magistrate also said none of the witnesses saw the four stealing the cellphone in question.
He said it was not in dispute that Phiri and Nyoni were not at the Harare International Conference Centre where the alleged theft occurred.
Mr Jarabini said the State did not lead any evidence to corroborate that Mahlangu and Chadamoyo had lunch with the complainant (Cde Chinotimba).
In the case of the Bikita West legislator, Harare magistrate Ms Gloria Takundwa also cleared Shoko of the charges after the State failed to prove a solid case against the legislator.
In her ruling, Ms Takundwa said the main witness in the case, Major Mapuranga, abandoned his recorded statement and told the court a different version discrediting the State case.
She said the State had failed to prove the essential elements of the case and also failed to link the offence to the legislator.
In his application for discharge, defence lawyer Mr Douglas Mwonzora contended that the evidence led by the prosecution was insufficient for a reasonable court to convict Shoko.
Read comments. Write your own.
Copyright © 2009 The Herald. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com).
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
HEY WANTED TO TARNISH THE HON DEPUTY MINISTER AND HON MP SHOKO. ANYWHERE JUSTICE IS BEGINNING TO PREVAIL IN THIS COUNTRY.
So you herald people are not ashamed about your dirty works. Ko kutotaura kuti vawanikwa vasina mhosva. Nyadzi dzinokunda rufu zvedi. STATE FAILED TO SUPPORT THE CASE kusanyara. Why do you behave like babarians?