THE STATE v TUNGAMIRAI MADZOKERE & 28 ORS

HH 337/13

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Case Details

Court

Harare High Court

Date

19 September 2013

Citation

HH 337/13

Neutral Citation

[2013] ZWHH 337

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Criminal LawCriminal Procedure

Keywords

MurderPolice OfficerMob ViolenceMDC-TCommon PurposeAlibiHearsaySection 198(3) Criminal Procedure and Evidence Act

Key Issues

{"issue_text":"Whether the State has established a prima facie case against each of the 29 accused persons at the close of the State case.","issue_type":"procedural","dispositive":"yes","related_facts":"Evidence of participation by each accused"}
{"issue_text":"Whether the defence of alibi raised by some accused has been rebutted by the State.","issue_type":"fact","dispositive":"yes","related_facts":"Alibi defences and State evidence"}
{"issue_text":"Whether hearsay evidence from police informers is admissible to establish a prima facie case.","issue_type":"law","dispositive":"yes","related_facts":"Reliance on informer evidence"}

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background

Facts of the Case

Background

The accused persons were charged with the murder of a police officer, Inspector Petros Mutedza, during politically motivated mob violence at Glen View 3 Shopping Centre on 29 May 2011. The State alleged the accused were members of MDC-T celebrating a 'T-Shirt Visibility Day' who violently resisted police orders to disperse. At the close of the State case, the defence applied for discharge, arguing the State failed to establish a prima facie case against each accused.

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