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Magistrate acquits Shonhe of perjury charges
Zimbabwe Lawyers for Human Rights (ZLHR)
August 17, 2009

Harare Magistrate Kudakwashe Jarabini on Monday 17 August 2009 acquitted Movement for Democratic Change (MDC) Director-General Toendepi Shonhe who was on trial facing allegations of perjury.

Magistrate Jarabini acquitted Shonhe at the close of the State's case, stating that it would be improper to put Shonhe on his defence in the absence of evidence by the State to found a prima facie suspicion of an offence having been committed.

Magistrate Jarabini ruled that the State had ruined its case by bringing to court two investigating officers - namely Detective Henry Dowa and Chief Superintendent Peter Magwenzi - who were treated as State witnesses, rather than bringing the alleged abductees - namely Fanny Tembo, Lloyd Tarumbwa and Terry Musona - who the State is using as witnesses in the prosecution of several MDC and human rights campaigners.

The Magistrate stated that the evidence tendered in court by Dowa and Magwenzi amounted to hearsay and was inadmissible in court, hence there was no evidence to prove the essential elements of the offence as alleged by the State.

Shonhe had been on trial for perjury since last month for allegedly swearing to an affidavit in which he stated that state security agents had once again abducted Tembo, Musona and Tarumbwa from their Banket homes in Mashonaland West after they were taken from their homes by Magwenzi to the Attorney General (AG)'s office.

The acquittal follows several other similar acquittals involving MDC activists and other human rights defenders in the recent past.

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