A Gokwe man who was being accused of stabbing his young brother in a dispute over a debt of US$26 has been discharged by the Bulawayo High Court.
Johane Muzvondiwa, who was represented by Thembelani Sibanda from Nozabelo Law Chamber denied the charge of murder when appearing before Bulawayo High Court Judge Justice Naison Chivayo.
Chivayo granted the discharge after defence lawyer Thembelani Sibanda successfully argued the state's evidence was insufficient and unreliable for conviction.
"We applied for discharge at the close of the state case arguing among other things that the evidence by the state presented before the court was not enough and manifestly unreliable for the court to properly convict the accused person," Sibanda said.
"He was discharged and we did not even call our witness.
After the state witnesses, we convinced the court that they have no case, their evidence cannot be relied upon by the court."
According to prosecutor Sharon Phiri, the fatal altercation occurred on May 3, 2024, at Pioneer Village 3 Business Centre in Fort Rixon.
The brothers had been drinking when they argued about the debt.
- Gokwe man acquitted of killing brother
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Witness Sylvester Mapulanka, their uncle, twice intervened to calm tensions.
That evening, Muzvondiwa allegedly followed his brother home, demanding payment.
When Trust refused to comply, Muzvondiwa allegedly stabbed Mapulanka as he shielded Trust before stabbing his brother twice, leading to his death.
"Mapulanka pleaded with the accused to go home, but the accused proceeded to arm himself with a knife and attempted to stab the deceased,” the state’s case read in part.
“In the process, he stabbed Mapulanka, who was shielding the deceased from the attack.
“Mapulanka stepped aside, and the accused stabbed the deceased twice with the knife.
“The deceased fell to the ground and died."
Mapulanka testified that despite attempts to separate them and provide first aid, Trust died at the scene.
Other witnesses included bystanders Knowledge Zondewa and Nosbert Manyika, police officer constable Prince Charles Ngwenya, and doctor Sanganayi Pesanai who prepared the postmortem report.
The court found the state's evidence insufficient to proceed, resulting in Muzvondiwa's discharge.
