State v Simon Same Muruju and Loan Beans

HH 207/10

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Case Details

Court

Harare High Court

Date

14 September 2010

Citation

HH 207/10

Neutral Citation

[2010] ZWHH 207

Outcome

unknown

Case Type

Trial

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Criminal lawEvidence

Keywords

murderrobberyidentification paradeextra-curial statementstortureadmissibility

Key Issues

{"issue_text":"Whether the warned and cautioned statement was made freely and voluntarily","issue_type":"procedural","dispositive":"no","related_facts":"Allegations of torture using stretcher machine, visible scar on accused's eye, anomalies in statement dates"}
{"issue_text":"Whether the identification of the accused by Tennis Rino was proper and reliable","issue_type":"procedural","dispositive":"yes","related_facts":"Identification at police truck without parade, suggestive questioning by police"}
{"issue_text":"Whether the State proved beyond reasonable doubt that the accused murdered the deceased","issue_type":"mixed","dispositive":"yes","related_facts":"Circumstantial evidence of possession of stolen items, improper identification procedures"}

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Facts of the Case

Background

Two accused persons were charged with the murder of Joseph Chikova who was killed during a robbery at Spiritan Catholic Centre in Mutare on 10 July 2007. The second accused was acquitted at the close of the State case. The first accused's warned and cautioned statement was ruled inadmissible after a trial within a trial found it was not made freely and voluntarily. The State relied on circumstantial evidence linking the first accused to stolen items.

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