THE STATE v LOVEMORE KUROTWI and DOMINIC MUBAIWA and JOHN TICHAONA MUHONDE and GLORIA MAWARIRE and MARK TSOMONDO

HH 41-11

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Case Details

Court

Harare High Court

Date

8 February 2011

Citation

HH 41-11

Neutral Citation

[2011] ZWHH 41

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal ProcedureConstitutional Law

Keywords

FraudWithdrawal of chargesAttorney General's powersConstitutional discretion

Key Issues

{"issue_text":"Whether the Attorney General has unfettered discretion to withdraw criminal charges at any stage before judgment, including before plea","issue_type":"constitutional","dispositive":"yes","related_facts":"Prosecutor withdrew charges against three accused before plea; counsel for remaining accused objected"}
{"issue_text":"Whether the withdrawal of charges before plea constitutes a procedural irregularity that affects the remaining accused","issue_type":"procedural","dispositive":"yes","related_facts":"Counsel argued withdrawal entailed amendment of charge and required remaining accused to plead to charge where co-accused would be witnesses"}

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Facts of the Case

Background

Five accused persons were jointly indicted for trial on a charge of fraud. At the commencement of the trial, the prosecutor withdrew charges against the third, fourth, and fifth accused before plea. Counsel for the first and second accused objected to this withdrawal, arguing it was procedurally irregular.

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