By Dumisani Ndlovu
Gweru Provincial Magistrate Tavengwa Sangster has acquitted Patrick Cheza and his co-accused of all charges, citing a lack of incriminating evidence.
The state had conceded that there was no prima facie case against the accused, and the magistrate found the evidence presented by state witnesses to be inconsistent and unreliable. Cheza, who was represented by lawyers Esau Mandipa and Leopold Mudisi, maintained his innocence throughout the trial.
The allegations included assault, robbery, and malicious damage to property.
The state has been granted permission to call Dr. Kelvin Nemayire as a witness in a related case, despite concerns raised by the defense about his medical credentials and the admissibility of his evidence.
The defense has given notice of its intention to appeal the ruling, citing gross injustice. The case has been postponed to June 25, with the defense set to file for discharge on June 18 and the state filing its heads of arguments on June 21.
Allegations were made that former CCC members, including Cheza, were involved in incidents at Rupepwe Primary School and Mazvimba Primary School in Chirumanzu in May last year. The allegations include assault, robbery, and damaging property.
The accused are also alleged to have assaulted Mzembi Ngamo, a war veteran and ZANU-PF member, and taken his possessions, including US$50, a POSB bank card, and his party card. Additionally, they are accused of taking a cellphone from Philemon Madzivanyika and damaging its pouch at Mazvimba Primary School. In a separate case, the state has been granted permission to call Dr. Kelvin Nemayire as a witness to testify about allegations that Cheza incited opposition activists to assault Tourism Minister Barbra Rwodzi. The state’s application was led by Taurai Mavuto and Monica Mungwena.”
Additionally, Cheza is accused of inciting opposition activists to assault Tourism Minister Barbra Rwodzi. The state has applied to have Dr. Kelvin Nemayire testify in this case, which the defense has opposed, citing concerns about his medical credentials and the admissibility of his evidence. The defense has also given notice of its intention to appeal the ruling, citing concerns about the testimony’s relevance and admissibility.
Lawyer Mandipa cited a previous ruling that deemed private hospital evidence inadmissible. The case is postponed to June 25, with the defense seeking discharge on June 18 and the state.
