Africa-Press – Zimbabwe. Harare provincial magistrate Tapiwa Kuhudzai has acquitted PHD leader Prophet Walter Magaya’s bodyguard, Tapiwa Felix Chikondo, who was facing charges of obstructing the course of justice by trying to stop police officers from arresting his boss.
Chikondo, who was represented by Malvern Mapako of Rubaya and Chatambudza Legal Practitioners, was acquitted following a full trial.
He was charged with one count of defeating or obstructing the course of justice, as defined in Section 184(1)(g) of the Criminal Law Codification and Reform Act (Chapter 9:23), or with assaulting or resisting a peace officer, as defined in Section 176 of the same Act.
Chikondo denied the charges, telling the court that when he arrived at the premises at around 4:45am, police officers had already gained entry and had arrested Magaya. He argued that, in those circumstances, there was no way he could have interfered with police officers who were already executing their duties.
He further testified that he never conversed with the police in a manner that could amount to obstructing the course of justice. He maintained that his arrival after police had already entered the premises ruled out any possibility that he hindered or obstructed the officers, adding that the police also never identified themselves at any material time.
Chikondo also denied assaulting any police officer, describing the charges as malicious and fabricated to sensationalise the arrest of the clergyman.
In acquitting Chikondo, Kuhudzai said the testimony of State witnesses was inconsistent.
“The court takes issue with the fact that only police officers testified in court. It was submitted that there were two guards manning the boom gate who were detained when the police arrived and placed in a commuter omnibus,” Kuhudzai said.
“The court was told they were not called to testify because they did not see what transpired, as they were inside the commuter omnibus. Oddly enough, one Chifamba was also in the same vehicle, yet he gave an account of the accused’s conduct, which he alleged to have observed while still inside the vehicle.
“How then is it that the security guards, who were also in the same vehicle, could not see what was happening? The court can only infer that the omission to record statements from the two guards was deliberate, intended to favour a particular narrative to the prejudice of the accused. This casts doubt on the credibility of the State’s evidence,” the magistrate ruled.
Kuhudzai further held that the State failed to discharge the required onus of proof.
“The court is not convinced that the accused knew that Chifamba was a police officer. Even the investigating officer conceded on pages 77 and 78 of the record of proceedings that an ordinary person would not have known that the victim was a police officer, and that statements from the two security guards could have provided more independent evidence.
“Where there is doubt, a conviction is unsafe. The accused is therefore found not guilty and is acquitted of both the main and alternative charges,” the magistrate ruled.
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