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Bulawayo High Court
THE STATE v MELULEKI NCUBE
HB 164.19
Case Details
Court
Bulawayo High Court
Date
18 October 2019
Citation
HB 164.19
Neutral Citation
[2019] ZWHB 164
Outcome
unknown
Case Type
Trial
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE JMr P Damba (Assessor)Mr E Mashingaidze (Assessor)
Areas of Law
Criminal LawCriminal Procedure
Keywords
Murder chargeSelf-defenceWitness credibilityDischargeAcquittal
Tags
MurderAcquittalDischarge at close of state case
legislation
Statutes Cited
- Criminal Procedure and Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the state has established a prima facie case requiring the accused to be placed on his defence.","issue_type":"procedural","dispositive":"yes","related_facts":"Weakness of state evidence, credibility of witnesses"}
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background
Facts of the Case
Background
The accused, a Zimbabwe National Army member, was charged with murder for allegedly assaulting the deceased with a stone during a New Year's Eve party. The state's case was weakened by contradictory witness testimony, with the court finding the juvenile witness's evidence unreliable and fictitious, leading to the accused's acquittal at the close of the state case.
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