A man accused of fatally assaulting another in Damofalls last December has been ordered to stand trial after the High Court refused to dismiss his case, ruling that the State had established a prima facie case against him.

Justice Gibson Mandaza dismissed Wairo Wairo's application for discharge at the close of the State's case, saying evidence from witnesses linked him directly to the death of David Sengai, who died after being severely beaten.

"At this stage of the proceedings, the simple question is: on the record, is there evidence against the accused person which requires a reply from him? I take the view that indeed there is evidence before the court," the judge said.

Wairo is charged with murder under section 47(1) of the Criminal Law (Codification and Reform) Act. Prosecutors allege that on 23 December 2023, Wairo and three accomplices assaulted Sengai with open hands and fists, causing head injuries from which he later died.

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Key witness Noleen Goro, who once dated the accused, told the court she saw Wairo slapping Sengai so hard he fell to the ground while others dragged him by his shirt. She later called a passerby, Tafadzwa Paundi, to help the victim.

Defence lawyers attacked Goro's credibility, calling her a "self-confessed alcoholic," but the judge found her testimony consistent with that of the investigating officer and Paundi. "Calling her names does not detract from her testimony, which is consistent," Mandaza J ruled.

The judge stressed that at this stage the State was only required to show a prima facie case, not proof beyond reasonable doubt. "Once a prima facie case has been established, the evidential burden will shift to the accused to adduce evidence in order to escape conviction," he said.

The trial will now proceed to the defence case, with Wairo expected to answer to the murder charge.