Accused Cephas Magura Murderers Seek High Court Clearance
Two Mudzi men and supporters of the ruling Zanu PF party accused of murdering their MDC-T rival in an act of politically motivated violence in 2012 are seeking the High Court’s clearance on all the charges, saying the State failed to prove its case against them.
Justice Joseph Musakwa, who is presiding over the application for discharge at the close of the State case filed by David Chimukoko and Graciano Kazingizi, postponed the matter indefinitely.
The trial of the pair accused of murdering Cephas Magura who was MDC-T chairman for Ward 1 in Mudzi, opened in February this year with both pleading not guilty to the charges.
Allegations against the accused arose from an incident which occurred at Chimukoko Business Centre in Mudzi district where the deceased attended an MDC-T rally which was held 50 metres from the community hall hosting a Zanu PF-organised an agricultural show and attended by close to 500 party supporters.
It is alleged Chimukoko and Kazingizi mobilised other Zanu PF supporters to confront the MDC-T gathering and disrupt their meeting.
It is said they allegedly approached the MDC-T supporters, armed with logs and stones and attacked the members, who were already running away from the venue.
The State further alleges that as the MDC-T supporters were fleeing, Chimukoko threw a stone, which hit the 60 year-old activist on the head whereupon he fell to the ground.
The group allegedly caught up with Magura and began kicking him, while further assaulting him with logs all over the body.
The State says Magura sustained serious injuries and died on the spot.
A post mortem carried out by Dr Gabriel Aguero showed that Magura died of severe head injuries.
The two applied for discharge at the close of the State’s case on the basis that the State failed to prove a case against them.