THE Bulawayo High Court has dismissed an application for discharge by two police officers and two neighbourhood watch committee members who are being jointly charged for the fatal shooting of a city man in 2020.
The trial of the police officers, Bigson Nyoni and Langton Makonye, and neighbourhood watch committee members, Ross Johnston and Kyle Bennets, started last month.
The four are alleged to have shot to death Paul Munokopa, then 34, during a high-speed chase on May 23, 2020, after suspecting him to be a criminal.
They are denying the charge.
Nyoni and Makonye are being represented by Kholwani Ngwenya of TJ Mabhikwa and Partners, while Johnston and Bennet are being represented by Prince Butshe-Dube of Mathonsi Ncube Law Chambers.
They appeared before Bulawayo High Court judge Justice Naison Chivayo.
On November 18, they filed an application for discharge citing lack of evidence.
The State filed opposing papers stating that the accused should be put to their defence to prove their innocence.
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Justice Chivayo upheld the State’s opposition and dismissed their application.
Their lawyers made oral submission for the intention to file papers seeking the recusal of Justice Chivayo.
In their application for discharge, Nyoni and Makonye said the State failed to establish a prima facie case against them.
“It is respectfully submitted that a reasonable court acting carefully cannot convict the accused persons based on the evidence led by the State in court which evidence seriously falls short of establishing a prima facie case against the accused persons on a charge of murder,” they submitted.
“In the circumstance, the accused persons are entitled to be discharged at the close of the State case in terms of section 198(3) of the Criminal Procedure and Evidence Act [Chapter 9:07].”
The State opposed the application.
“The applicants ought to be put to their defence to explain as they have been placed on the scene, having fired their weapons, why they felt justified to do so,” the State submitted.
“The State submits that a prima facie case has been established and, therefore, the accused persons should be put to their defence.”
