Two men accused of murdering Harare cellphone dealer Sipho Million Ncube must now mount their defence after the High Court ruled that the State had presented enough evidence for the trial to continue.
Elvin Saungweme Dongo and Dellon David Balani had applied for discharge at the close of the State’s case, arguing that prosecutors had failed to produce evidence linking them to the March 2020 murder.
But Justice Tommasi on August 25 dismissed their application, finding that the cumulative effect of forensic evidence, alleged pointing-outs and the accused’s own statements in bail applications was sufficient to put them on their defence.
The murder of Ncube, a cellphone dealer, was widely publicised at the time, with his disappearance triggering searches by relatives and business associates before his body was recovered.
The State alleges that Dongo and Balani acted in association with Munyaradzi Mawadze, whose trial was separated from theirs, in a plot to rob and kill Ncube on March 12, 2020.
Although there was no direct eyewitness evidence of the killing, the prosecution relied heavily on circumstantial and forensic evidence.
A post-mortem examination found that Mncube died from acute anaemia caused by severe neck trauma from an incised wound.
The court heard that blood-stained clothing recovered from Dongo’s residence and a knife recovered from a bushy area in Waterfalls were forensically matched to Ncube’s DNA profile.
Justice Tommasi said the shortcomings in the State’s case, particularly concerning the identification of cellphones allegedly linked to Ncube, did not destroy the remaining evidence.
“There is objective forensic evidence linking the blood found on the clothing recovered from the 1st accused’s residence, as well as that found on the knife pointed out by accused 2 and recovered in Waterfalls, to the deceased,” the judge said.
Police testified that Dongo pointed out the location where Ncube’s body was recovered, while Balani allegedly led investigators to the location of the blood-stained knife.
The judge said Dongo’s knowledge of where the body was located, coupled with the discovery of clothing carrying Mncube’s blood in his room, was capable of implicating him in the killing.
“These facts constitute prima facie evidence that he was present in circumstances which implicate him directly or indirectly in the commission of that crime,” Justice Tommasi said.
Balani’s knowledge of the location of the knife was also significant, the court ruled, particularly after forensic tests linked the blood on it to Ncube.
“The 2nd accused’s knowledge of the location of the knife, the forensic evidence linking the knife to the deceased, and his own statement placing himself with the other persons at the material time constitute circumstances capable of implicating him,” the judge said.
The court also relied on statements made by the two men in their bail applications, which placed them in the company of Mawadze and at or near the scene around the time Ncube was killed.
According to the ruling, their own versions referred to a knife being used to inflict a fatal wound inside a vehicle in a remote area.
Justice Tommasi stressed that the court was not at this stage deciding whether the State had proved the pair’s guilt beyond reasonable doubt.
“The ultimate question at this stage is not whether the State has already proved the guilt of either accused beyond reasonable doubt, but whether there is evidence which, if accepted and left unanswered, could sustain a conviction,” the judge said.
“On the evidence presently before the court, that question must be answered in the affirmative.”
The judge consequently dismissed the discharge application and ordered that both Dongo and Balani be placed on their defence.
The case continues.
Source: Newzimbabwe.com
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