CRIME & COURTS

High Court correct injustice of unjust sentence

HWEDZA-Brighton Mushapaidze’s seven-month prison sentence for disorderly behavior at Mahusekwa Police Station has been vacated by the High Court, exposing a grave miscarriage of justice.

Despite evidence of disorderly conduct, reviewing judges found that the Hwedza magistrate’s decision to split charges into two counts instead of consolidating them into one, violated Mushapaidze’s right to a fair trial.

The High Court’s ruling vacates the original conviction and sentence, paving the way for a new trial.

The facts of the case reveal that Mushapaidze violently entered the police station, verbally abusing officers and threatening children nearby. He was eventually restrained and taken into custody. However, his disruptive behavior continued in the holding cell where he set fire to a blanket, filling the area with smoke and sparking widespread panic.

A thorough examination revealed the trial was flawed due to multiple irregularities, as the magistrate overlooked crucial legal principles. The High Court later discovered significant flaws in the trial process.

An examination of the charges revealed that Mushapaidze was twice charged for destroying a single blanket, once as part of disorderly conduct and again as malicious damage to property.

Justice Lucy-Anne Mungwari ruled that charging the accused twice for destroying the same blanket constituted redundant charges.

“This is tantamount to an improper splitting of charges. The same evidence in the first count would inevitably be applicable to the second count.”

The presiding judge emphasized the trial Magistrate’s critical role in ensuring charges are properly formulated before proceeding with the trial.

“It is the Magistrate’s duty to ensure charges are properly and clearly formulated before trial proceeds.”

Upon conclusion of the shortened trial, Mushapaidze received a four-month imprisonment sentence for the first count, suspended for three years on the condition that he commits no similar offenses.

For the second count, the accused person sentenced to 10 months in prison, with two months of that term suspended for three years, provided he meets standard probation conditions.

Additionally, one more month was suspended, provided that Mushapaidze pays the police $40 by July 26, 2024 which would bring his total effective prison term to seven months.

However, before this ruling took effect, the High Court intervened, nullifying the original trial, releasing Mushapaidze and ordering a fresh trial.

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