Murder-accused pair refuses to be prosecuted

TWO men suspected to be part of a gang that fatally assaulted a villager for refusing to attend a war veterans’ meeting in 2001 are refusing to be prosecuted, claiming their case was unreasonably delayed for the past 10 years.

Tapiwa Chimbandi and Zhuwao Dabson, through their lawyer Mr Nicholas Chikono, said their right to be tried within a reasonable time has been violated and they cannot effectively defend themselves.

They added that some of their defence witnesses have since died.

They are seeking referral of the matter to the Constitutional Court.

In their application, Mr Chikono said the accused have always been available from day one.

“At one point, the trial started and one witness testified but the matter was postponed to allow State to secure the attendance of other witnesses,” said Mr Chikono.

“The trial magistrate refused further remand of the accused because State’s house was not in order.

“With the time that has passed, there is no doubt that there has been unreasonable delay.

“The accused will suffer prejudice in their defence because some of their witnesses passed on. The cause of delay is not on the accused who were always available.”

The matter was adjourned to October 20 for a ruling on the application.

The prosecutor, Mr Ephraim Zinyandu alleged that the crime was committed on June 10, 2001.