State fumbles as nine men walk free in murder case

KUSHATHA TABENGWA
Correspondent | Wednesday June 20, 2012 00:00

 

The defence attorney, Joster Isaac of Isaac and Associates who appeared for the fourth accused said that they were applying for permanent stay of prosecution without proceedings.

He said he and his colleagues, who also appeared for the other accused have been dutifuly coming to court, but the state has failed to proceed with the case. 'The application was served on November 27, 2011 yet the state has failed to oppose the matter. We have come together as the defending team of the accused and filed up notice so that the state can reply but they have not filed up the notice,' Isaac said. He added that when the matter adjourned on April 21, the state was represented. 'A date was set for a court appearance today but state representatives have not turned up,' Isaac said.

Solomon then passed judgment, explaining that she was acquitting and discharging the nine accused because the Directorate of Public Prosecutions (DPP) failed the matter by not affording the hearing within a reasonable period of time.

'I am acquitting and discharging these men because it is unconstitutional to wait for such a long time to be tried. I will give the reasons why I am passing this judgment on August 29,' Solomon said. The nine men who walked free were Modise Elias, Hlabezulu Mahlathini, Buru Rutang, Capson Mbona Mgopi, Tshepang Phillis, Jerald Petros, Lucky Notice, Mbiganyi Mauza and Kelly Mathanjana. It was stated that on or about February 9, 2003 at Jackalas No. 2 village the nine, acting jointly and in concert, murdered Fidelish Sibanda.