MBARE YOUTH LEADER FREED

HARARE magistrate Donald Ndirowei yesterday dismissed the State’s application to place Mbare youth leader Emmanuel Mahachi on remand, ruling that there was no case against him.

Mahachi, who was facing armed robbery charges, successfully opposed the application for placement on remand through his lawyer Oliver Marwa.

In his ruling, magistrate Ndirowei said there is an ongoing property dispute that ought to be settled and said the court wasn’t going to get involved in it by placing Mahachi on remand where there’s no reasonable suspicion.

“The court hasn’t been given enough information and the prosecutor was economic with the facts.

“The facts as presented don’t show reasonable suspicion that there was any case of armed robbery and its common cause that there’s an ongoing property dispute which ought to be dealt with,” he said.

He stated that the facts presented by the State didn’t satisfy the essential elements of armed robbery.

The State claimed that on January 24, Bright Nyausopo, who is employed by Blessed Charakupa as a private security guard at Vito Complex, Mbare, Harare commenced duty at around 5pm.

At around 8.30pm on the same day, the State claimed Mahachi came driving a black twin cab vehicle without number plates while being escorted by another white twin cab without number plates.

He was said to have alighted from his vehicle holding a CZ pistol and ordered the guard and his colleagues who had been tasked by the owner of the property, Blessed Charakupa, to do some maintenance at the complex.

The State claimed that Mahachi threatened to kill the three guards and fired two shots in the air prompting them to run away from the premises.

The State claimed that Mahachi stole a generator from the premises.

Ethel Mahachi prosecuted.