Star FM presenter DJ Munyaradzi Milimo and his alleged accomplices Taurai Jani and Mohammed Matare, who are accused of kidnapping and murdering Tinashe Magorimbo by poisoning him, yesterday told the court that the State had no evidence linking them to the offence. The trio said this through their lawyer, Mr Lucky Mawuwa of Magomeza and Mazhindu Legal Practitioners while making a second application for refusal of further remand.Their fir st bid for freedom was recently thrown out by a Harare magistrate, Mr Tendai Mahwe.
The trio yesterday appeared before Mr Milton Serima for their routine remand and filed the application. Milimo, Jani and Matare, who have been on remand for one-and-a-half years, argued that they had been on remand for an unreasonable time without going to trial. They added that the State was reluctant to prosecute them.
Mr Mawuwa said; “Your worship, the accused persons have been on remand for a long period of time. They have families to look after but now they cannot work because of this court business. They have a right to a speedy trial. The reason the State is delaying is because they do not have evidence linking them to the offence.” They requested the State to proceed by way of summons. However, the State, led by Miss Sharon Mashavira, opposed the application on the grounds that results of the investigations were ready and had been submitted to the Prosecutor General’s office for preparation of indicting papers.
She added that the trio had been on remand for a reasonable time. “Murder cases can be considered for further remand refusal after three years in terms of the circular due to the complexity of the nature of the offence,” she said. She said the trio was facing a serious and a complex offence hence it was not in the interest of justice to grant their application. After hearing submissions from both parties, Mr Serima deferred the matter to Monday next week for ruling. Miss Mashavira alleges that Magorimbo was murdered after failing to pay Munya $5 000 compensation for having an affair with his wife. Magorimbo allegedly paid Munya $1 000 through Janhi and Matare in part payment of the $5 000. Munya commissioned Janhi and Matare to deal with Magorimbo after he had become evasive over the outstanding payment, the court heard.