HH 478-18 THE STATE versus GODFREY GANDAWA & Ors

THE STATE

versus

GODFREY GANDAWA

and

SHEPHERD HONZERI

and

NICHOLAS MAPUTE

 

 

 

HIGH COURT OF ZIMBABWE

CHITAPI J

HARARE, 21, 24, & 29 May 2018 and 6 July 2018

 

 

Assessors:        1. Mr Barwa

                        2. Mr Chimonyo

 

 

Ruling on application to quash and exception to charges

 

 

C. Chimbari with F. Zachariah, for the State

E.T Matinenga, for 1st Accused

T. Nyakunika, for 2nd Accused

N. Nkomo, for 3rd Accused

 

 

CHITAPI J: In this application, counsel for the 1st accused, Mr Matinenga filed a preliminary application to have the charges against the 1st accused quashed. Counsel for the 3rd accused subsequently advised that he had taken a cue from 1st accused’s counsel and intended to file a similar application. Before I deal with the applications, I will briefly set out the background to this trial so that the trail of proceedings is not lost.

Background

            When the matter was called on 21 May, 2018, the indictment listed 5 accused persons as follows:

            ‘(a)       Godfrey Gandawa                              -           1st Accused

            (b)        Jonathan Nathanial Moyo                   -           2nd Accused

            (c)        Frederick Mandizvidza                       -           3rd Accused

 

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Year: 

2018