A Kadoma man, accused of killing a fellow miner in a suspected love triangle, has been acquitted after the High Court found serious flaws in the police investigation and relied on witnesses who were “genuine but mistaken.”
Justice Philda Muzofa cleared Mashoko Midzi of the murder of Stanly Mpofu, who was stabbed four times at Chimwendo Compound, Battlefields, on December 23, 2022.
Midzi was initially arrested after police reportedly shot him twice, claiming he attacked them with a machete. However, the court found no evidence he resisted arrest or carried the alleged weapon. Justice Muzofa described the police actions as “high-handed” and questioned contradictory testimony from officers.
The State alleged that Midzi and Mpofu had argued over Beatrice Chinamasa, a new cook at the local canteen. Chinamasa told the court she was dating Mpofu and had no knowledge of Midzi’s supposed interest in her. Another witness, Mpofu’s aunt Agatha Sibanda, claimed to see Midzi chasing Mpofu, but the judge deemed her testimony unreliable, noting that clothing alone was insufficient for identification.
Midzi maintained his innocence, saying he spent the night of the incident drinking at Fambai Bar with friends and relatives. The court criticised police for not verifying this alibi, which remained unchallenged.
While the prosecution suggested Midzi was a likely suspect, Justice Muzofa emphasized that suspicion is insufficient for a criminal conviction. She ruled that unresolved questions created reasonable doubt, leading to Midzi’s acquittal.
After more than two years of legal proceedings, Midzi was finally freed.
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