Tendai Rupapa Senior Court Reporter
STAR FM disc jockey Munyaradzi Milimo, popularly known as DJ Munya, is now a free man after the court granted his sixth application for refusal of remand in a murder case he was facing. His case will proceed by way of summons. Milimo is jointly charged with Taurai Jani and Mohammed Matare and the trio is accused of kidnapping and murdering Tinashe Magorimbo through poisoning.
Magistrate Mr Milton Serima ordered the State to proceed by way of summons and slammed the prosecution for failing to put its house in order.
Through their lawyer Mr Lucky Mauwa of Mauwa and Associates, the trio challenged the trial date which had been provided by the State saying it was a dummy meant to keep them on remand.
Mr Serima ruled that the State was not serious.
He said a letter from the Prosecutor General’s office showing the trial date was not enough as it should have been accompanied by indictment papers.
“It appears the State was not genuine in supplying the accused with a trial date. It has not done enough as it should have indicted the accused persons. The supply of a trial date is not enough, it should be accompanied by indictment papers,” he said.
“In the circumstances, the court is convinced that the State is not ready and is not serious. Without the indictment papers, the court cannot continue to keep the accused persons on remand. Therefore their application for refusal of further remand is granted.”
On the last remand, the court gave the State a last chance to furnish the trio with a trial date.
Yesterday prosecutor Mr Sebastian Mutizirwa made an application for a further postponement.
He said they were still waiting for indictment papers and produced a letter from Mr Albert Masamha of the Prosecutor General’s office which indicated that the trio’s trial date had been set for May 11.
The trio has been on remand for one year and nine months.
They argued that the State’s application for a further postponement of the matter was not justified.
Mr Mauwa told the court that a prosecutor had no powers to furnish an accused person facing a third schedule offence with a trial date. He said the date should have been set by the registrar.
“This is a fake date so that my clients remain on remand. It is clear that the State is trying to further postpone this matter through a back door. The date is not accompanied with indicts a clear indication that the State is playing games,” he said.
It is alleged that Magorimbo was murdered after failing to pay DJ Munya $5 000 compensation for having an affair with his wife.
Magorimbo allegedly paid DJ Munya $1 000 in February 2013 through Janhi and Matare as part payment. DJ Munya commissioned Janhi and Matare to “deal” with Magorimbo after he became evasive over the outstanding payment, the court heard.