Zimpapers Logo

white former commercial farmers.
He was cleared after the prosecution failed to prove a case against him.
Mliswa’s lawyer Mr Charles Chinyama of Chinyama and Partners had applied for discharge at the close of the State case.
Mr Chinyama had argued that Mliswa had no case to answer and that the State failed to prove a prima-facie case against his client.
The prosecution conceded that it was flogging a dead horse in view of the nature of evidence presented to the court.
In acquitting Mliswa, regional magistrate Mr Munamato Mutevedzi commended prosecutor Ms Rufaro Mhandu for being professional in accepting that the State’s case was dead.
He said the duty of prosecutors was not to seek a conviction at all costs but to make sure justice was done.
The case, Mr Mutevedzi said, was premised on contractual agreement between Mliswa and the former farmers making it a civil issue.
On the other case, Mr Mutevedzi noted that the complainant told the court that he did not report a case against Mliswa.
The evidence clearly showed that Mliswa and the former farmer had a debtor-creditor relationship, the court noted.
“The criminal courts have nothing to do with such matters,” he said.
Mr Mutevedzi, however, said the court was at pains to understand why the State called eight witnesses all of whom destroyed its case.
In light of the evidence and State’s concession, the magistrate said, he had no choice but to acquit Mliswa at the close of the State’s case.
In her submissions, Ms Mhandu conceded that from the evidence she led especially from the complainants it was clear that Mliswa and the farmers had signed contracts making the matter a civil one.
“It is clear that from the evidence adduced, the State did not manage to prove a prima-facie case against accused (Mliswa) so there is no need to oppose the application (for discharge).
“The witnesses initially appeared to have evidence but as the trial progressed they contradicted themselves,” she submitted.
Mliswa was alleged to have stolen 60 head of cattle, farming equipment and a 60kVA generator from Richard Hamilton of Bonnvale Farm in Karoi, all valued at over US$7 million in 2002.
The following year, Mliswa was also alleged to have stolen irrigation equipment and a 60kVA generator from another Karoi farmer, John Coast of Hesketh and Westland farms. The State said Mliswa hired youths who besieged Hesketh and Westland farms following which he allegedly took control of the farms where he allegedly stole farming equipment all valued at over US$300 000.